II 118th CONGRESS 1st Session S. 2249 IN THE SENATE OF THE UNITED STATES July 11, 2023 Mr. Lankford (for himself and Mr. Ricketts ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To improve the timeliness, resiliency, and transparency of passport processing operations, and for other purposes.

1. Short title This Act may be cited as the Passport Act of 2023 . 2. Sense of Congress It is the sense of Congress that— (1) the Department of State's handling of passport processing during and since the COVID–19 pandemic— (A) fell short of performance benchmarks; (B) did not meet the needs of their constituents; and (C) led to a loss of confidence in the Department of State; (2) the Department of State’s failure to perform its duty to produce passports in a timely manner led to unacceptable personal hardship and complications to the travel plans for millions of Americans; and (3) the COVID–19 pandemic exposed shortcomings in the information technology infrastructure of the Department of State’s passport processing functions, which must be corrected. 3. Ensuring timely adjudication of passport applications (a) Passport processing deadlines The Assistant Secretary of State for Consular Affairs (referred to in this section as the Assistant Secretary ), in coordination with the Deputy Assistant Secretary of State for Passport Services, shall ensure that all routine applications for a passport or for the renewal of a passport are processed, on average, within 12 weeks of the receipt of such application. (b) Average passport processing time Not less frequently than weekly, the Assistant Secretary shall make publicly available on a website of the Department of State information related to the average expected processing time for applications for a passport and for the renewal of a passport. (c) Notification of failure To meet deadline If the average processing times referred to in subsection (b) fail to meet the 12-week requirement for 4 consecutive weeks— (1) the Assistant Secretary, not later than 7 days after such failure, shall notify the appropriate congressional committees of the circumstances related to such failure; (2) the Assistant Secretary, not later than 7 days following the initial notification under paragraph (1), shall submit a second notification to the appropriate congressional committees that— (A) assesses the factors contributing to the passport processing delays; and (B) includes a plan for returning to compliance with the 12-week requirement referred to in subsection (a); and (3) the Assistant Secretary shall continue to submit weekly compliance plans to the appropriate congressional committees and no personnel from the Passport Services Division of the Bureau of Consular Affairs may be approved for telework or remote work until the Assistant Secretary certifies that the average passport processing time is in compliance with the 12-week requirement for 3 consecutive weeks. 4. Strengthening passport processing operations during seasons of high demand (a) Reassignment of personnel If the average passport processing time exceeds the 12-week requirement required under section 3(a), the Secretary of State is authorized to reassign Department of State personnel who do not work for the Bureau of Consular Affairs to assist with the processing and adjudication of passport applications until the Bureau is in compliance with such requirement. (b) Training plan (1) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of State, in consultation with the Assistant Secretary of State for Consular Affairs, shall establish a plan for training Department of State personnel who do not work for the Bureau of Consular Affairs to process and adjudicate passport applications. (2) Capacity The plan established pursuant to paragraph (1) shall ensure that there are always a sufficient number of Department of State personnel outside of the Bureau of Consular Affairs who are capable of processing and adjudicating passport applications to prevent a significant backlog of unprocessed passport applications during anticipated periods of high demand. 5. Sustaining passport processing operations during national emergencies (a) Preliminary plan Not later than 1 year after the date of the enactment of this Act, the Secretary of State, in consultation with the Assistant Secretary of State for Consular Affairs, shall submit a preliminary plan to the appropriate congressional committees that outlines how the Bureau of Consular Affairs will sustain passport processing operations and functions in the event of a national emergency that warrants the suspension of normal operations. (b) Contents The plan submitted pursuant to subsection (a) shall include— (1) strategies and plans for adjudicating passport applications in a secure manner; (2) an analysis of the feasibility of performing any steps of the passport adjudication process remotely; (3) plans for sustaining staffing and infrastructure on a limited and ongoing basis; and (4) plans for resuming normal operations and reducing any backlog of applications that prevent compliance with the 12-week average passport processing time requirement under section 3(a). (c) Notification of suspension of normal passport processing operations (1) In general If the President declares a national emergency under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ), section 203 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 ), or section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 50 U.S.C. 5191 ), or if the Secretary of Health and Human Services declares a public health emergency under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ), the Secretary of State, not later than 15 days after such declaration, shall submit a report to the appropriate congressional committees regarding whether such emergency necessitates a suspension of normal operations for passport processing functions in the Bureau of Consular Affairs. (2) Continuation of passport processing operations during emergency If the Secretary of State determines that an emergency referred to in paragraph (1) necessitates a suspension of normal passport processing operations, the Secretary, not later than 30 days after such determination, shall submit a report to Congress that describes how the Bureau of Consular Affairs plans to sustain passport processing operations during such emergency at the most productive level practicable. 6. Strengthening passport customer visibility and transparency (a) Online status tool Not later than 2 years after the date of the enactment of this Act, the Assistant Secretary of State for Consular Affairs shall develop a secure, online tool that provides information to passport applicants of the status of their application in the following stages: (1) Submitted for processing. (2) In process at a lockbox facility. (3) Awaiting adjudication. (4) In process of adjudication. (5) Adjudicated with a result of approval or denial. (6) Materials shipped. (b) Additional information The tool developed pursuant to subsection (a) shall include a display that informs each passport applicant of— (1) the date on which his or her passport application was received; (2) the estimated number of days until his or her passport will be issued; and (3) actions required from the passport applicant to remedy any deficiencies in the application. 7. Strengthening the National Passport Information Center (a) Sense of Congress It is the sense of Congress that the National Passport Information Center (referred to in this section as NPIC ) has failed to adequately assist its customers. (b) Online chat feature Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall direct NPIC to develop an online tool with the capability for customers to correspond with customer service representatives regarding questions and updates pertaining to their application for a passport or for the renewal of a passport. (c) GAO report Not later than 30 days after the date of the enactment of this Act, the Comptroller General of the United States shall initiate a review of NPIC operations, which shall include an analysis of the quality with which NPIC— (1) responds to constituent inquiries by telephone, including how long constituents are kept on hold and their ability to be placed in a queue; (2) provides personalized customer service; and (3) maintains its telecommunications infrastructure. 8. Expanding access to passport adjudication appointments (a) Finding Congress finds that since the suspension of normal operations in March 2020, the Department of State— (1) has adopted a policy of not providing adjudication services to individuals who arrive at a passport agency or center without an appointment; and (2) is offering fewer total adjudication appointments. (b) Sense of Congress It is the sense of Congress that the Department of State should— (1) increase the number of appointments at each passport agency and center to a level that is consistent with appointment offerings before the suspension of normal operations in March 2020; and (2) resume the practice of providing adjudication services to individuals who arrive at a passport agency or center without an appointment in a manner that is consistent with the Department of State’s approach before the suspension of normal operations in March 2020. 9. Eliminating barriers to onboarding new employees Notwithstanding sections 3327 and 3330 of title 5, United States Code, the Secretary of State may make noncompetitive temporary appointments or noncompetitive term appointments to positions in the competitive service for the critical hiring needs of the Passport Services Directorate of the Bureau of Consular Affairs (CA/PPT).