[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2632 Introduced in Senate (IS)]

<DOC>






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.
                                 <all>