[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1746 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1746

To amend the Immigration and Nationality Act to stimulate international 
                     tourism to the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 20, 2011

 Mr. Schumer (for himself and Mr. Lee) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to stimulate international 
                     tourism to the United States.

    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 Improvements to Stimulate 
International Tourism to the United States of America Act'' or the 
``VISIT USA Act''.

SEC. 2. MULTIPLE ENTRY VISAS FOR NATIONALS OF CHINA.

    Section 214(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1184(a)(2)) is amended--
            (1) by redesignating subparagraphs (A) and (B) as 
        subparagraphs (B) and (C), respectively; and
            (2) by inserting before subparagraph (B), as so 
        redesignated, the following:
    ``(A)(i) Notwithstanding paragraph (1) and except as provided in 
clause (ii), the Secretary of State shall ensure that a nonimmigrant 
visa issued pursuant to section 101(a)(15)(B) to an alien described in 
clause (iii)--
            ``(I) is valid for a period of not less than 5 years; and
            ``(II) permits unlimited entry into and exit from the 
        United States during such period.
    ``(ii) The Secretary of State may waive clause (i) with respect to 
an alien described in clause (iii) if the Secretary determines that a 
compelling national security reason exists for the waiver.
    ``(iii) An alien described in this clause is an alien who--
            ``(I) is a national of China;
            ``(II) meets the requirements for a visa under section 
        101(a)(15)(B); and
            ``(III) requests a visa pursuant to clause (i).
    ``(iv) An alien issued a visa pursuant to clause (i) shall be 
screened through the automated electronic travel authorization system 
implemented pursuant to section 217(h)(3) prior to being admitted into 
the United States.''.

SEC. 3. EXPEDITING PRIORITY VISITORS.

    Section 286(u) of the Immigration and Nationality Act (8 U.S.C. 
1356(u)) is amended--
            (1) by amending the subsection heading to read as follows:
    ``(u) Premium Processing Fee.--'';
            (2) by striking ``The Attorney General'' and inserting the 
        following:
            ``(1) Employment-based petitions and applications.--The 
        Secretary of Homeland Security'';
            (3) by striking ``This fee'' and inserting ``The fee 
        authorized under this paragraph'';
            (4) by striking ``The Attorney General may adjust this 
        fee'' and inserting ``The Secretary may adjust the fee 
        authorized under this paragraph''; and
            (5) by adding at the end the following:
            ``(2) Visitor visas.--The Secretary of State shall offer 
        premium processing for visitor visas issued to nonimmigrants 
        described in section 101(a)(15)(B) and shall ensure that 
        applicants requesting premium processing for such visas are 
        interviewed and the visa application is adjudicated not later 
        than 3 business days after the date of the applicant's request 
        for a visa appointment, absent compelling security concerns. 
        The Secretary shall charge a fee for premium processing 
        services under this paragraph in an amount sufficient to 
        recover the costs incurred--
                    ``(A) to more quickly process such visas in India, 
                China, and Brazil;
                    ``(B) to procure the technology needed to conduct 
                videoconferencing for visa interviews; and
                    ``(C) to create mobile interview units to process 
                visa applications and conduct visa interviews in cities 
                with more than 1,000,000 people that do not have a 
                United States embassy or consulate.''.

SEC. 4. VIDEO CONFERENCE PILOT PROGRAM.

    (a) Authorization.--Except as provided in subsection (c), the 
Secretary of State--
            (1) shall develop and conduct a pilot program for 
        processing B-1 and B-2 visas using secure remote 
        videoconferencing technology as a method for conducting visa 
        interviews of applicants; and
            (2) in consultation with other Federal agencies that use 
        such secure communications, shall help ensure the security of 
        the videoconferencing transmission and encryption conducted 
        under paragraph (1).
    (b) Report.--Not later than 90 days after the termination of the 
pilot program authorized under subsection (a), the Secretary of State 
shall submit a report to the Committee on Appropriations of the Senate 
and the Committee on Appropriations of the House of Representatives 
that contains--
            (1) a detailed description of the results of such program, 
        including an assessment of the efficacy, efficiency, and 
        security of the remote videoconferencing technology as a method 
        for conducting visa interviews of applicants; and
            (2) recommendations for whether such program should be 
        continued, broadened, or modified.
    (c) Limitation.--
            (1) In general.--The pilot program authorized under 
        subsection (a) may not be conducted if the Secretary of State 
        determines that such program--
                    (A) poses an undue security risk; and
                    (B) cannot be conducted in a manner consistent with 
                maintaining security controls.
            (2) Report.--If the Secretary of State makes a 
        determination under paragraph (1), the Secretary shall submit a 
        report to the Committee on Appropriations of the Senate and the 
        Committee on Appropriations of the House of Representatives 
        that describes the reasons for such determination.

SEC. 5. ENCOURAGING CANADIAN TOURISM TO THE UNITED STATES.

    (a) Canadian Retiree Visas.--Section 101(a)(15) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
            (1) in subparagraph (T)(iii), by striking the period at the 
        end and inserting a semicolon;
            (2) in subparagraph (U)(iii), by striking ``or'' and the 
        end;
            (3) in subparagraph (V), by striking the period at the end 
        and inserting a semicolon; and
            (4) by adding at the end the following:
                    ``(W) subject to section 214(s), an alien who the 
                Secretary of Homeland Security determines--
                            ``(i) is a citizen of Canada, is older than 
                        50 years of age, owns a residence in the United 
                        States or has signed a rental agreement for 
                        accommodations in the United States for the 
                        duration of the alien's stay in the United 
                        States; and
                            ``(ii) the alien spouse and children of the 
                        alien described in clause (i) if accompanying 
                        or following to join the alien; or''.
    (b) Visa Application Procedures.--Section 214 of the Immigration 
and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the 
following:
    ``(s) Visas of Nonimmigrants Described in Section 101(a)(15)(W).--
            ``(1) The Secretary of Homeland Security shall authorize 
        the issuance of a nonimmigrant visa to any alien described in 
        section 101(a)(15)(W) who submits a petition to the Secretary 
        that demonstrates, to the satisfaction of the Secretary, that 
        the alien--
                    ``(A) meets the eligibility requirements set forth 
                in section 101(a)(15)(W);
                    ``(B) is not inadmissible under section 212; and
                    ``(C) will comply with the terms set forth in 
                paragraph (2).
            ``(2) An alien who is issued a visa under this subsection--
                    ``(A) is authorized to visit the United States 
                during the 3-year period beginning on the date on which 
                the visa is issued;
                    ``(B) may remain in the United States during such 
                authorized period for not more than 240 consecutive 
                days;
                    ``(C) may renew such visa every 3 years under the 
                same terms and conditions;
                    ``(D) is not authorized to engage in employment in 
                the United States; and
                    ``(E) is not eligible for any form of assistance or 
                benefit described in section 403(a) of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996 (8 U.S.C. 1613(a)).''.

SEC. 6. INCENTIVES FOR FOREIGN VISITORS VISITING THE UNITED STATES 
              DURING LOW PEAK SEASONS.

    (a) Application Fees.--The Secretary of State shall give foreign 
visitors an incentive to apply for a visa when the demand is lower by 
decreasing the visa application and issuance fees charged to 
nonimmigrants described in section 101(a)(15)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(B)) in selected countries during 
periods when there is low demand for visitor visas in such countries.
    (b) Limitation.--In decreasing visa application and issuance fees 
under subsection (a), the Secretary shall--
            (1) subject to paragraph (2), maximize the demand for such 
        visa applications; and
            (2) maintain the total amount collected from such fees.

SEC. 7. SECURE TRAVEL AND COUNTERTERRORISM PARTNERSHIP PROGRAM.

    (a) Definitions.--Section 217(c)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1187(c)(1)) is amended to read as follows:
            ``(1) Authority to designate.--
                    ``(A) In general.--The Secretary of Homeland 
                Security, in consultation with the Secretary of State, 
                may designate any country as a program country if that 
                country meets the requirements under paragraph (2).
                    ``(B) Definitions.--
                            ``(i) Appropriate congressional 
                        committees.--The term `appropriate 
                        congressional committees' means--
                                    ``(I) the Committee on Foreign 
                                Relations of the Senate;
                                    ``(II) the Committee on Homeland 
                                Security and Governmental Affairs of 
                                the Senate;
                                    ``(III) the Committee on the 
                                Judiciary of the Senate;
                                    ``(IV) the Committee on Foreign 
                                Affairs of the House of 
                                Representatives;
                                    ``(V) the Committee on Homeland 
                                Security of the House of 
                                Representatives; and
                                    ``(VI) the Committee on the 
                                Judiciary of the House of 
                                Representatives.
                            ``(ii) Program country.--The term `program 
                        country' means a country designated as a 
                        program country under subparagraph (A).''.
    (b) Technical and Conforming Amendments.--Section 217 of the 
Immigration and Nationality Act (8 U.S.C. 1187) is amended--
            (1) by striking ``Attorney General'' each place the term 
        appears (except for subsection (c)(11)(B)) and inserting 
        ``Secretary of Homeland Security''; and
            (2) in subsection (c)--
                    (A) in paragraph (2)(C)(iii), by striking 
                ``Committee on the Judiciary and the Committee on 
                International Relations of the House of Representatives 
                and the Committee on the Judiciary and the Committee on 
                Foreign Relations of the Senate'' and inserting 
                ``appropriate congressional committees'';
                    (B) in paragraph (5)(A)(i)(III), by striking 
                ``Committee on the Judiciary, the Committee on Foreign 
                Affairs, and the Committee on Homeland Security, of the 
                House of Representatives and the Committee on the 
                Judiciary, the Committee on Foreign Relations, and the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate'' and inserting ``appropriate 
                congressional committees''; and
                    (C) in paragraph (7), by striking subparagraph (E).
    (c) Designation of Program Countries.--Section 217(c) of the 
Immigration and Nationality Act (8 U.S.C. 1187(c)) is amended--
            (1) in paragraph (2), by amending subparagraph (A) to read 
        as follows:
                    ``(A) General numerical limitations.--Either--
                            ``(i) the number of refusals of 
                        nonimmigrant visas under section 101(a)(15)(B) 
                        for nationals of that country during the 
                        previous fiscal year was not more than 3 
                        percent; or
                            ``(ii) the overstay rate for that country 
                        during the previous fiscal year was not more 
                        than 3 percent.'';
            (2) by amending paragraph (3) to read as follows:
            ``(3) Qualification criteria.--After the initial period, a 
        country may not be designated as a program country unless the 
        Secretary of Homeland Security, in consultation with the 
        Secretary of State, determines, pursuant to paragraph (5), that 
        the designation will be continued.'';
            (3) in paragraph (5)(A)(i)(II), by striking ``ought to be 
        continued or terminated under subsection (d)'' and inserting 
        ``under subsection (d) or (f), or probation under subsection 
        (f), ought to be continued or terminated'';
            (4) by amending paragraph (6) to read as follows:
            ``(6) Computation of visa refusal rates; judicial review.--
                    ``(A) Computation of visa refusal rates.--For 
                purposes of determining the eligibility of a country to 
                be designated as a program country, the calculation of 
                visa refusal rates shall not include any visa refusals 
                which incorporate any procedures based on, or are 
                otherwise based on, race, sex, or disability, unless 
                otherwise specifically authorized by law.
                    ``(B) Judicial review.--No court has jurisdiction 
                under this section to review any visa refusal, the 
                Secretary of State's computation of a visa refusal 
                rate, the Secretary of Homeland Security's computation 
                of an overstay rate, or the designation or 
                nondesignation of a country as a program country.'';
            (5) in paragraph (7), as amended by subsection (b)(2)(C)--
                    (A) in subparagraph (A), by striking ``(3) In 
                general.--''; and
                    (B) by striking subparagraphs (B), (C), and (D);
            (6) by amending paragraph (8) to read as follows:
            ``(8) Waiver authority.--The Secretary of Homeland 
        Security, in consultation with the Secretary of State, may 
        waive the application of paragraph (2)(A)(i) for a country if--
                    ``(A) the country meets all of the other 
                requirements under paragraph (2);
                    ``(B) the Secretary of Homeland Security determines 
                that the totality of the country's security risk 
                mitigation measures provide assurance that the 
                country's participation in the program would not 
                compromise the law enforcement, security interests, or 
                enforcement of the immigration laws of the United 
                States;
                    ``(C) there has been a general downward trend in 
                the rate of refusals for nonimmigrant visas under 
                section 101(a)(15)(B) for nationals of the country;
                    ``(D) the country has consistently cooperated with 
                the Government of the United States on counterterrorism 
                initiatives, information sharing, preventing terrorist 
                travel, and extradition of the country's nationals to 
                the United States before the date of its designation as 
                a program country, and the Secretary of Homeland 
                Security and the Secretary of State assess that such 
                cooperation is likely to continue; and
                    ``(E) the rate of refusals for nonimmigrant visas 
                under section 101(a)(15)(B) for nationals of the 
                country during the previous fiscal year was not more 
                than 10 percent.''; and
            (7) by adding at the end the following:
            ``(12) Overstay rate.--
                    ``(A) Initial designation.--With respect to a 
                country being considered for designation as a program 
                country under paragraph (1)(A), the overstay rate for a 
                fiscal year is the ratio between--
                            ``(i) the number of nationals of such 
                        country who were admitted to the United States 
                        as nonimmigrants described in section 
                        101(a)(15)(B), whose periods of authorized stay 
                        under such section expired during such fiscal 
                        year, and who remained in the United States 
                        unlawfully after such expiration date; and
                            ``(ii) the number of nationals of such 
                        country who were admitted to the United States 
                        as nonimmigrants described in section 
                        101(a)(15)(B), whose periods of authorized stay 
                        under such section expired during such fiscal 
                        year.
                    ``(B) Continuing designation.--With respect to any 
                program country, the overstay rate for each fiscal year 
                after the initial designation under paragraph (1)(A) is 
                the ratio between--
                            ``(i) the number of nationals of such 
                        country who were admitted to the United States 
                        under this section or as nonimmigrants 
                        described in section 101(a)(15)(B), whose 
                        periods of authorized stay expired during such 
                        fiscal year, and who remained in the United 
                        States unlawfully after such expiration date; 
                        and
                            ``(ii) the number of nationals of such 
                        country who were admitted to the United States 
                        under this section or as nonimmigrants 
                        described in section 101(a)(15)(B), whose 
                        periods of authorized stay expired during such 
                        fiscal year.
                    ``(C) Computation of overstay rate.--In determining 
                the overstay rate for a country, the Secretary of 
                Homeland Security may utilize information from any 
                available database to ensure the accuracy of such 
                rate.''.
    (d) Termination of Designation; Probation.--Section 217(f) of the 
Immigration and Nationality Act (8 U.S.C. 1187(f)) is amended to read 
as follows:
    ``(f) Termination of Designation; Probation.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Probationary period.--The term `probationary 
                period' means a fiscal year in which a country is place 
                in probationary status under this subsection.
                    ``(B) Program country.--The term `program country' 
                means a country designated as a program country under 
                subsection (c)(1).
            ``(2) Determination, notice, and initial probationary 
        period.--
                    ``(A) Determination of probationary status and 
                notice of noncompliance.--As part of each program 
                country's periodic evaluation required under subsection 
                (c)(5)(A), the Secretary of Homeland Security shall 
                determine whether the program country is in compliance 
                with the requirements under subparagraphs (A)(ii), (B), 
                (C), (D), (E), and (F) of subsection (c)(2).
                    ``(B) Initial probationary period.--If the 
                Secretary of Homeland Security determines that a 
                program country is not in compliance with the 
                requirements under subparagraphs (A)(ii), (B), (C), 
                (D), (E), and (F) of subsection (c)(2), the Secretary 
                shall place the program country in probationary status 
                for the fiscal year following the fiscal year in which 
                the periodic evaluation is completed.
            ``(3) Actions at the end of the initial probationary 
        period.--
                    ``(A) Compliance during initial probationary 
                period.--If the Secretary of Homeland Security 
                determines that all instances of noncompliance with the 
                requirements under subparagraphs (A)(ii), (B), (C), 
                (D), (E), and (F) of subsection (c)(2) that were 
                identified in the latest periodic evaluation have been 
                remedied by the end of the country's initial 
                probationary period under paragraph (2)(B), the 
                Secretary shall discontinue the probationary period.
                    ``(B) Noncompliance during initial probationary 
                period.--If the Secretary of Homeland Security 
                determines that any instance of noncompliance with the 
                requirements under subparagraphs (A)(ii), (B), (C), 
                (D), (E), and (F) of subsection (c)(2) that were 
                identified in the latest periodic evaluation has not 
                been remedied by the end of the country's initial 
                probationary period under paragraph (2)(B), the 
                Secretary may--
                            ``(i) terminate the country's participation 
                        in the program; or
                            ``(ii) extend the country's probationary 
                        status for an additional fiscal year if the 
                        Secretary, in consultation with the Secretary 
                        of State, determines that the country's 
                        continued participation in the program is in 
                        the national interest of the United States.
            ``(4) Actions at the end of additional probationary 
        periods.--
                    ``(A) Compliance during additional periods.--The 
                Secretary of Homeland Security shall discontinue a 
                country's probationary status if the Secretary 
                determines, during the latest periodic evaluation 
                required under subsection (c)(5)(A), that the country 
                is in compliance with the requirements under 
                subparagraphs (A)(ii), (B), (C), (D), (E), and (F) of 
                subsection (c)(2).
                    ``(B) Noncompliance during additional periods.--The 
                Secretary of Homeland Security shall terminate a 
                country's participation in the program if the Secretary 
                determines, during the latest periodic evaluation 
                required under subsection (c)(5)(A), that the country 
                is not in compliance with any of the requirements under 
                subparagraphs (A)(ii), (B), (C), (D), (E), and (F) of 
                subsection (c)(2).
            ``(5) Effective date.--The termination of a country's 
        participation in the program under paragraph (3)(B) or (4)(B) 
        shall take effect on the first day of the first fiscal year 
        following the fiscal year in which the Secretary of Homeland 
        Security determines that such participation shall be 
        terminated. Until such date, nationals of the country shall 
        remain eligible for a waiver under subsection (a).
            ``(6) Treatment of nationals after termination.--For 
        purposes of this subsection and subsection (d)--
                    ``(A) nationals of a country whose designation is 
                terminated under paragraph (3) or (4) shall remain 
                eligible for a waiver under subsection (a) until the 
                effective date of such termination; and
                    ``(B) a waiver under this section that is provided 
                to such a national for a period described in subsection 
                (a)(1) shall not, by such termination, be deemed to 
                have been rescinded or otherwise rendered invalid, if 
                the waiver is granted prior to such termination.''.
    (e) Review of Overstay Tracking Methodology.--Not later than 180 
days after the date of the enactment of this Act, the Comptroller 
General of the United States shall conduct a review of the methods used 
by the Secretary of Homeland Security--
            (1) to track aliens entering and exiting the United States; 
        and
            (2) to detect any such alien who stays longer than such 
        alien's period of authorized admission.

SEC. 8. INCREASING HOME OWNERSHIP BY PRIORITY VISITORS.

    (a) Nonimmigrant Status.--Section 101(a)(15) of the Immigration and 
Nationality Act, as amended by section 5(a), is further amended by 
adding at the end the following:
                    ``(X) subject to section 214(t), an alien who, 
                after the date of the enactment of the VISIT USA Act--
                            ``(i)(I) uses at least $500,000 in cash to 
                        purchase 1 or more residences in the United 
                        States, which each sold for more than 100 
                        percent of the most recent appraised value of 
                        such residence, as determined by the property 
                        assessor in the city or county in which the 
                        residence is located;
                            ``(II) maintains ownership of residential 
                        property in the United States worth at least 
                        $500,000 during the entire period the alien 
                        remains in the United States as a nonimmigrant 
                        described in this subparagraph; and
                            ``(III) resides for more than 180 days per 
                        year in a residence in the United States that 
                        is worth at least $250,000; and
                            ``(ii) the alien spouse and children of the 
                        alien described in clause (i) if accompanying 
                        or following to join the alien.''.
    (b) Visa Application Procedures.--Section 214 of the Immigration 
and Nationality Act, as amended by section 5(b), is further amended by 
adding at the end the following:
    ``(t) Visas of Nonimmigrants Described in Section 101(a)(15)(X).--
            ``(1) The Secretary of Homeland Security shall authorize 
        the issuance of a nonimmigrant visa to any alien described in 
        section 101(a)(15)(X) who submits a petition to the Secretary 
        that demonstrates, to the satisfaction of the Secretary, that 
        the alien--
                    ``(A) has purchased a residence in the United 
                States that meets the criteria set forth in section 
                101(a)(15)(X)(i);
                    ``(B) is not inadmissible under section 212; and
                    ``(C) will comply with the terms set forth in 
                paragraph (2).
            ``(2) An alien who is issued a visa under this subsection--
                    ``(A) shall reside in the United States at a 
                residence that meets the criteria set forth in section 
                101(a)(15)(X)(i) for more than 180 days per year;
                    ``(B) is not authorized to engage in employment in 
                the United States, except for employment that is 
                directly related to the management of the residential 
                property described in section 101(X)(i)(II);
                    ``(C) is not eligible for any form of assistance or 
                benefit described in section 403(a) of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996 (8 U.S.C. 1613(a)); and
                    ``(D) may renew such visa every 3 years under the 
                same terms and conditions.''.

SEC. 9. EXPEDITING ENTRY FOR PRIORITY VISITORS.

    Section 7208(k) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (8 U.S.C. 1365b(k)) is amended by adding at the end the 
following:
            ``(4) Expediting entry for priority visitors.--
                    ``(A) In general.--The Secretary of Homeland 
                Security shall expand the enrollment in the Global 
                Entry Trusted Traveler Network (referred to in this 
                paragraph as `Global Entry') to include individuals 
                employed by international organizations, selected by 
                the Secretary, which maintain strong working 
                relationships with the United States.
                    ``(B) Sponsors.--An individual may not be enrolled 
                in Global Entry unless the individual is sponsored by--
                            ``(i) an international organization 
                        selected by the Secretary under subparagraph 
                        (A); and
                            ``(ii) the government that issued the 
                        passport that the individual is using to 
                        participate in Global Entry.
                    ``(C) Security requirements.--An individual may not 
                be enrolled in Global Entry unless the individual has 
                successfully completed all applicable security 
                requirements established by the Secretary, including 
                cooperation from the applicable foreign government, to 
                ensure that the individual does not pose a risk to the 
                United States.
                    ``(D) Discretion.--The Secretary shall retain 
                unreviewable discretion to offer or revoke enrollment 
                in Global Entry to any individual.''.
                                 <all>