118 HR 5817 IH: Passport Application, Staffing, and Service Process Optimization Reform and Transparency Act
U.S. House of Representatives
2023-09-28
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I
118th CONGRESS
1st Session
H. R. 5817
IN THE HOUSE OF REPRESENTATIVES
September 28, 2023
Mr. Schiff (for himself and Mr. Lieu) introduced the following bill; which was referred to the Committee on Foreign Affairs
A BILL
To expand and codify a pilot program to provide notification of expiration of passports, and for other purposes.
1.

Short title
This Act may be cited as the “Passport Application, Staffing, and Service Process Optimization Reform and Transparency Act” or the “PASSPORT Act”.
2.

Findings
Congress finds the following:
(1)
Providing passport services is a vital function of the United States Government that affects the lives, plans, and finances of millions of Americans. Congress has vested authority in the State Department to grant, issue, and verify United States passports.
(2)
The number of passports the Department of State issues on an annual basis has increased substantially since the mid-1990s, with the Department’s Bureau of Consular Affairs issuing a record 21,900,000 passports in fiscal year 2022, nearly quadruple the 5,500,000 passports issued in fiscal year 1996. The Department of State expects to set a new record in fiscal year 2023 amid what Secretary of State Antony Blinken said was “unprecedented demand”, with the Department receiving 30 percent to 40 percent more passport applications weekly than in 2022.
(3)
In 2023, a number of factors led to a surge in passport applications and delays in processing—including pent-up demand for passports among the American public following the relaxing of COVID–19-related international travel restriction, complications with the limited release of the online passport renewal process, attrition within the passport adjudication workforce following the onset of the COVID–19 pandemic and continued in-person work required, and growth in the percentage of American citizens who possess a passport.
(4)
The Department of State’s published processing times for routine passport applications increased from 6 to 9 weeks in January 2023 to 10 to 13 weeks by March 2023, and for expedited passport applications increased from 3 to 5 weeks to 7 to 9 weeks in the same time frame.
(5)
In July 2023, the Department of State indicated it was working to return processing times to pre-pandemic levels, which as of December 2019 were 6 to 8 weeks for routine applications and 2 to 3 weeks for expedited applications, by the end of the calendar year. However, the published processing times have not decreased as of September 2023.
(6)
The passports backlog and lengthier, unpredictable processing times has significantly impacted United States citizens. The delays have caused United States citizens to miss international travel for important events such as weddings, funerals, family reunions, and long-awaited vacations, and opportunities to work and study abroad. The backlogs have also imposed undue stress and additional costs on constituents, with unpredictable timelines forcing United States citizens to cancel and reschedule travel, pay for expedited services, or miss out on once-in-a-lifetime events. A disproportionate percentage of constituent service caseloads now focus on passport issues.
(7)
Congressional action is needed to ensure continued improvements in passport processing times and communication with United States citizens on these matters.
3.

Plan to expand and codify pilot program to provide notification of expiration of passports
(a)

In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report that—
(1)
updates Congress on the progress in implementing the pilot program described on the travel.state.gov website to notify United States passport holders 6 months before their passports are set to expire;
(2)
contains a plan to expand the Department of State’s pilot program to provide notification to all holders of United States passports of the upcoming expiration of each such passport by not later than the date that is one year prior to the date of the expiration of the passport; and
(3)
contains a plan to codify the pilot program, including proposals for legislation if necessary.
(b)

Form of notification
The notification under the pilot program described in subsection (a)—
(1)
shall be provided through electronic mail (e-mail), Short Message/Messaging Service (SMS), or other electronic means as appropriate; and
(2)
may be provided through regular United States mail in cases in which the e-mail or phone number of holders of United States passports is not available.
(c)

Opt out
The pilot program described in subsection (a) shall allow for passport holders to opt out of receiving notifications under the program.
4.

Information relating to use of and application process for passports at the time of booking international flights to or from the United States
(a)

In general
The Secretary of State, in coordination with the Secretary of Transportation, shall coordinate with airlines and airline ticket booking companies serving the United States and offering international flights to or from the United States to provide information relating to use of passports, including the minimum length of passport validity required to enter the destination country, and the application process for passports to customers at the time of booking an international flight to or from the United States.
(b)

Form of information
The information required by subsection (a) should be provided through electronic mail (e-mail), Pop-up ads or Pop-ups, directed links on the airline’s website, or other electronic means as appropriate and include a mechanism for users to acknowledge they have read the information before the transaction can be completed.
5.

Plan to improve tracking of proof of citizenship documents
(a)

In general
The Secretary of State shall develop a plan to provide greater transparency and improved tracking of documents to provide evidence of United States citizenship and proof of identity for purposes of the application process for United States passports.
(b)

Requirements
The plan required by subsection (a)—
(1)
should ensure that documents described in such subsection are returned to applicants using a trackable delivery service, which could include providing applicants the option to pay a fee for shipping via UPS, Priority Mail, or another method that provides for tracking of the documents, and ensuring that applicants are informed of the relevant tracking number or numbers; and
(2)
shall include information on the travel.state.gov website describing options that are available to applicants whose documents described in such subsection are lost in the application process.
(c)

Reimbursement
The plan required by subsection (a) shall provide for reimbursement of the full cost of replacement to the applicant of any of the applicant’s documents described in such subsection that are lost by the Department of State in the application process.
6.

GAO study
(a)

In general
The Comptroller General of the United States shall prepare an update to its July 2008 study entitled “State Department: Comprehensive Strategy Needed to Improve Passport Operations” (GAO–08–891).
(b)

Matters To be included
The study required by subsection (a) shall include a review of the operations of lockbox facilities operated by financial agents of the Department of the Treasury that are responsible for opening and sorting passport application packages, verifying the completeness of the packages, processing payments, and batching the applications, further including—
(1)
information on the volume and average times for processing applications for United States passports at the lockbox facilities;
(2)
an assessment of communication between the Department of State and such facilities;
(3)
identification of any areas for improvements and increased efficiencies; and
(4)
a description of how the Department of State and lockbox facilities are planning to shift responsibilities for processing of documents used in the application system for United States passports under an online passport application system.
(c)

Additional matters To be included
The study required by subsection (a) shall also include a review of the Department of State’s efforts to estimate and adapt to periods of peak demand for passport services, as well as information on any additional topics that the Comptroller General determines are relevant to improving passport operations.
7.

Passport operations staffing and passport employee recruitment and retention
(a)

In general
The Secretary of State should brief Congress on the current staffing levels for employees supporting passport operations and make any recommendations regarding the provision of additional compensation to employees that have made outstanding contributions to decreasing backlogs in the processing applications for United States passports.
(b)

Consultation with congress
The Secretary of State should consult with Congress on any additional authorities that may be needed to—
(1)
provide appropriate incentives and recognition to recruit and retain Department of State employees involved in processing applications for United States passports; and
(2)
encourage more overtime of such employees until backlogs in processing applications for such passports are reduced.