[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2632 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2632
To improve visa processing times, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27, 2023
Ms. Klobuchar (for herself and Mr. Moran) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To improve visa processing times, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Visa Processing Improvement Act''.
SEC. 2. INCREASING CONSULAR OFFICE FLEXIBILITY AND CAPACITY.
(a) English Language Interviews.--Section 222 of the Immigration
and Nationality Act (8 U.S.C. 1202) is amended by adding at the end the
following:
``(i)(1) Any alien applying for a visa who qualifies for a waiver
from the in person interview requirement under clause (vi)(I) of
subsection (h)(1)(A) or any other provision of law who certifies that
the alien is capable of, and willing to, complete an entire interview
in English may be interviewed remotely in English by a consular fellow
with limited experience or by another consular employee stationed at a
consulate that does not have a significant backlog of visa applicants.
``(2) If the consular fellow or consular employee determines that
an applicant is not able to communicate fully or accurately in English
during the interview, the applicant may be referred to a consulate in
the home country of the applicant for a follow-up interview conducted
in the native language of the applicant.''.
(b) Consular Fellows Program.--
(1) Interest in the consular fellows program.--Individuals
who register to take the Foreign Service Officers Test shall be
asked if they would like to receive information about the
Consular Fellows Program.
(2) Expansion; recruitment.--Subject to the availability of
appropriations for such purpose, the Assistant Secretary of
State for Consular Affairs shall expand the Consular Fellows
Program by 5 percent annually through fiscal year 2030 by
recruiting individuals with a demonstrated interest in serving
the United States Government and living abroad and who possess
valuable language skills, particularly individuals whose scores
on the Foreign Service Officer Test are within 10 percent of
the score required to be invited to the Foreign Service Oral
Assessment, to participate in the Consular Fellows Program.
(3) Training.--Each participant in the Consular Fellows
Program shall complete 6 months of training in the United
States, which shall include conducting English-language
interviews of visa applicants on behalf of--
(A) consulates that have an insufficient number of
consular officers; or
(B) the consulate at which the participant is
expected to be stationed.
(4) Post-fellowship benefit.--With respect to an individual
who successfully completes an assignment as a Consular Fellow
with the Bureau of Consular Affairs lasting not less than 3
years, during the 1-year period beginning on the date on which
the individual completes that assignment, the Secretary of
State may noncompetitively appoint the individual to a position
in the Department of State.
SEC. 3. IMPROVING ACCOUNTABILITY AND TRANSPARENCY.
(a) Nonimmigrant Visa Processing Standards.--It is the sense of
Congress that not fewer than 80 percent of applicants for nonimmigrant
visas who submit applications at a United States consulate should be
interviewed by appropriate consular staff not later than 21 days after
their application is received by such consulate.
(b) Wait Times.--The consul general at each United States consulate
shall--
(1) categorize wait times nonimmigrant visa applicant
interviews based on goals established by Congress, the
Secretary of State, or the Assistant Secretary of State for
Consular Affairs;
(2) make such categorizations publicly available; and
(3) regularly update such categorizations.
(c) Recurring Noncompliance With Wait Time Standard.--If a
consulate is not in compliance with the interview wait time standard
established pursuant to subsection (d)(1) for 90 consecutive days, the
Secretary of State shall develop protocols to reduce such wait times,
which may include--
(1) allowing other consulates to share their staff with the
noncompliant consulate;
(2) increasing in-person staffing at the noncompliant
consulate;
(3) submitting a plan to the Secretary of State for
improving the efficiency with which consular staff process
nonimmigrant visa applications; and
(4) implementing other remedial efforts, as necessary,
including--
(A) technological upgrades;
(B) overtime allocations; and
(C) a new appointment scheduling process.
(d) Rulemaking.--
(1) In general.--The Secretary of State, in consultation
with the Assistant Secretary of State for Consular Affairs,
shall issue regulations that--
(A) establish standards for nonimmigrant visa
processing timelines that designate phases for
compliance and ongoing improvement, in accordance with
subsection (a);
(B) establish a trigger mechanism that
automatically guarantees immediate support for a
nonimmigrant visa applicants after a specified period,
in accordance with subsection (c).
(2) Minimum standards for nonimmigrant visa processing.--
The trigger mechanism established under paragraph (1)(B) shall,
at a minimum, guarantee support, in accordance with subsection
(c), for a consulate at which, during the preceding 30-day
period, not fewer than 20 percent of nonimmigrant visa
applicants received an interview within 45 days of the date on
which their application was received by such consulate.
(3) Notice and comment exemption.--In issuing regulations
pursuant to paragraph (1), the Secretary of State is exempted
from the requirements set forth in subsections (b) and (c) of
section 553 of title 5, United States Code.
(e) Authority To Transfer Department of State Appropriations to
Improve Passport and Visa Services.--
(1) In general.--For any fiscal year, the Secretary of
State may transfer not more than $10,000,000 to the Consular
and Border Security Programs account from unobligated amounts
held in other Department of State accounts or any unobligated
balance from prior Acts making appropriations for the
Department of State if the Secretary submits a report to the
appropriate committees of Congress providing details on the use
of the funds.
(2) Use of transferred funds.--Any amounts so transferred
shall be used solely for the purpose of carrying out the
protocols described in subsection (c) or improving passport or
visa services.
(3) Appropriate committees of congress define.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on the Judiciary, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(B) the Committee on the Judiciary, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.
SEC. 4. REVISING IN-PERSON INTERVIEW WAIVER ELIGIBILITY.
(a) Expansion of Classes of Aliens Eligible for In-Person Interview
Waiver.--Section 222(h)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1182(h)(1)(A)) is amended--
(1) in clause (iii), by striking ``or'' at the end;
(2) by adding at the end the following:
``(iv)(I) applying for the first time for a
nonimmigrant visa described in subparagraph
(B), (F), (H) (J), (L), (M), (O), (P), or (Q);
``(II) a national of a country designated
as a program country under section 217(c); and
``(III) a previous traveler to the United
States through the Electronic System for Travel
Authorization; or.''.
(b) Prior Submission of Biometric Data.--Section 222(h)(1)(A) of
the Immigration and Nationality Act (8 U.S.C. 1202(h)(1)(A)), as
amended by subsection (a), is further amended by adding at the end the
following:
``(vi)(I) not a first time applicant for a
nonimmigrant visa;
``(II) is an individual who--
``(aa) has previously submitted
biometric data to the Department of
State or Department of Homeland
Security; and
``(bb) has held a valid visa
described in subparagraph (B), (F),
(H), (J), (L), (M), (O), (P) or (Q) not
more than 24 months before submitting
the current application; and
``(III) an individual with respect to whom
the consular officer has no indication has not
complied with the immigration laws and
regulations of the United States.''.
(c) Prior Visa Issued.--Section 222(h)(1)(B)(i) of the Immigration
and Nationality Act (8 U.S.C. 1202(h)(1)(B)(i)) is amended by striking
``12 months'' and inserting ``48 months''.
(d) Remote Interview Pilot.--Section 222 of the Immigration and
Nationality Act, as amended by section 2(a), is further amended--
(1) in subsection (h), by inserting ``except as provided in
subsection (j),'' after ``of this Act,''; and
(2) by adding at the end the following:
``(j) The in-person interview requirement under subsection (h) may
be satisfied by remote videoconference interview if--
``(1) the Secretary of State, in conjunction with the
Secretary of Homeland Security, certifies to Congress that such
a videoconference interview will not cause undue security
concern, as demonstrated by a 2-year pilot program to be
carried out by the Secretary of State and the Secretary of
Homeland Security for such purpose;
``(2) the videoconference technology used to conduct such
an interview--
``(A) meets applicable security and privacy
standards, consistent with Department of Homeland
Security regulations; and
``(B) is capable of capturing and collecting
biometrics, in accordance with nonimmigrant visa
application requirements;
``(3) such an interview may be conducted by a participant
in the Consular Fellows program; and
``(4) the visa applicant to be so interviewed--
``(A) is a former visa holder who is applying for a
B-1 or B-2 visa on a date that is not more than 48
months after the date on which the previous visa issued
to the applicant expired;
``(B) has never been refused or denied a visa;
``(C) appears to be prima facie eligible for the B-
1 or B-2 visa;
``(D) is residing in his or her country of
citizenship;
``(E) is able and willing to complete the entire
interview in English; and
``(F) is a citizen of a country with an active
Global Entry agreement.''.
SEC. 5. IMPROVING THE SERVICE EXPERIENCE.
(a) Expedited Service.--
(1) In general.--Any first-time visa applicant who is
eligible for a waiver of the in-person interview requirement
under section 222(h)(1) of the Immigration and Nationality Act
(8 U.S.C. 1202(h)), as amended by section 4, may, upon the
payment of the fees described in paragraph (2), request
expedited service, which shall entitle the applicant to a
remote interview not later than 14 days after the applicant
files a completed application for such visa.
(2) Fee.--In addition to the application fee otherwise
required to be submitted with an application for a visa, an
applicant described in paragraph (1) seeking expedited service
under such paragraph shall include with the application a
payment of $500, (in the case of an individual over the age of
17 years) or $50 (in the case of an individual who is 17 years
of age or younger) which shall be used by the Secretary of
State--
(A) to pay for the expansion of the Consular
Fellows Program required under section 2(b); and
(B) to support the recruitment and training of
sufficient additional consular staff to provide the
expedited services to which applicants are entitled
under paragraph (1).
(b) Domestic Renewal of B Visitor Visas.--Section 221(c)(2) of the
Immigration and Nationality Act (8 U.S.C. 1201(c)(2)) is amended--
(1) by striking ``A nonimmigrant'' and inserting the
following:
``(A) Period of validity.--A nonimmigrant''; and
(2) by adding at the end the following:
``(B) Domestic renewal of b-1 and b-2 visas.--
``(i) In general.--Subject to clause (ii),
any alien who, while visiting the United States
temporarily for business or pleasure in
accordance with section 101(a)(15)(B), desires
to extend his or her period of stay in the
United States beyond the initial period granted
by a B-1 or B-2 visa, as applicable, may apply
for such extension not later than the date
established by the Secretary of State pursuant
to section 5(c) of the Visa Processing
Improvement Act without leaving the United
States by submitting an application to the
appropriate office of the Department of State,
together with a fee, in an amount to be
determined by the Secretary of State.
``(ii) Eligibility.--An alien's period of
stay in the United States may not be extended
under clause (i) unless such alien is eligible
for an in person interview waiver under section
222(h)(1).
``(iii) Status while application is
pending.--If an alien's application for an
extension of stay under clause (i) is not
approved before the expiration of the alien's
initial period of stay, the alien shall
immediately depart from the United States and
may not reenter the United States without a
valid visa.
``(iv) Processing renewals.--Applications
for an extension of stay under clause (i) shall
be considered on a case-by-case basis and
processed either by Department of State staff
stationed in the United States or by consular
staff in the applicants country of origin,
depending on workload, staff availability, and
language requirements.''.
(c) Rulemaking.--The Secretary of State, in consultation with the
Secretary of Homeland Security, shall promulgate regulations that
establish--
(1) the number of days before the expiration of an alien's
initial period of admission under a B-1 or B-2 visa by which
such alien may apply for an extension of such period without
leaving the United States; and
(2) the amount of the fee payable by any alien requesting
an extension of his or her period of stay under subparagraph
(B)(i) of section 221(c)(2) of the Immigration and Nationality
Act (8 U.S.C. 1201(c)(2)), as amended by subsection (b),
without leaving the United States, which shall be in addition
to the fee otherwise required to be submitted with the Online
Nonimmigrant Visa Application form (commonly known as the ``DS-
160'') and shall not include fingerprinting service, which
shall be completed by applicants, at their own expense, through
an approved third-party vendor who will share the fingerprints
directly with the Department of State and the Department of
Homeland Security.
(d) Retention of Discretionary Authority.--Notwithstanding
subparagraph (B) of section 221(c)(2) of the Immigration and
Nationality Act (8 U.S.C. 1201(c)(2)), as amended by subsection (b),
the Secretary of State and the Secretary of Homeland Security shall
have discretionary authority to require visitors seeking an extension
of their period of authorized stay in the United States to leave the
United States and complete in-person interviews in their respective
countries of origin if the Secretary of State or the Secretary of
Homeland Security determine that such requirement is necessary for
safety or security purposes.
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