[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2233 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2233

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 26, 2012

    Mr. Schumer (for himself, Mr. Lee, Ms. Mikulski, Mr. Blunt, Ms. 
Klobuchar, Mr. Kirk, Mr. Rubio, and Mr. Coons) 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 ``Jobs Originated through Launching 
Travel Act'' or the ``JOLT Act''.

SEC. 2. VISA VALIDITY PERIOD.

    If the Secretary of State demonstrates that the United States would 
not be adversely affected, the Secretary may modify or enter into 
agreements with certain countries on a nonreciprocal basis to allow for 
longer visa validity periods than the periods with such countries that 
are in existence as of the date of the enactment of this Act.

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; and
                    ``(B) 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. ENCOURAGING CANADIAN TOURISM TO THE UNITED STATES.

    Section 211 of the Immigration and Nationality Act (8 U.S.C. 1181) 
is amended by adding at the end the following:
    ``(d) Canadian Retirees.--The Secretary of Homeland Security shall 
admit any alien, and the spouse and children of the alien, for a period 
of not less than 240 days, if the alien demonstrates, to the 
satisfaction of the Secretary, that the alien--
            ``(1) is a citizen of Canada;
            ``(2) is older than 50 years of age;
            ``(3) 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;
            ``(4) is not inadmissible under section 212;
            ``(5) is not deportable under section 237;
            ``(6) will not engage in employment in the United States; 
        and
            ``(7) will not seek 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. 5. 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. 6. VISA WAIVER PROGRAM ENHANCED SECURITY AND REFORM.

    (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; definitions.--
                    ``(A) Authority to designate.--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.--In this subsection:
                            ``(i) Appropriate congressional 
                        committees.--The term `appropriate 
                        congressional committees' means--
                                    ``(I) the Committee on Foreign 
                                Relations, the Committee on Homeland 
                                Security and Governmental Affairs, and 
                                the Committee on the Judiciary of the 
                                Senate; and
                                    ``(II) the Committee on Foreign 
                                Affairs, the Committee on Homeland 
                                Security, and the Committee on the 
                                Judiciary of the House of 
                                Representatives.
                            ``(ii) Overstay rate.--
                                    ``(I) Initial designation.--The 
                                term `overstay rate' means, with 
                                respect to a country being considered 
                                for designation in the program, the 
                                ratio of--
                                            ``(aa) the number of 
                                        nationals of that country who 
                                        were admitted to the United 
                                        States on the basis of a 
                                        nonimmigrant visa under section 
                                        101(a)(15)(B) whose periods of 
                                        authorized stay ended during a 
                                        fiscal year but who remained 
                                        unlawfully in the United States 
                                        beyond such periods; to
                                            ``(bb) the number of 
                                        nationals of that country who 
                                        were admitted to the United 
                                        States on the basis of a 
                                        nonimmigrant visa under section 
                                        101(a)(15)(B) whose periods of 
                                        authorized stay ended during 
                                        that fiscal year.
                                    ``(II) Continuing designation.--The 
                                term `overstay rate' means, for each 
                                fiscal year after initial designation 
                                under this section with respect to a 
                                country, the ratio of--
                                            ``(aa) the number of 
                                        nationals of that country who 
                                        were admitted to the United 
                                        States under this section or on 
                                        the basis of a nonimmigrant 
                                        visa under section 
                                        101(a)(15)(B) whose periods of 
                                        authorized stay ended during a 
                                        fiscal year but who remained 
                                        unlawfully in the United States 
                                        beyond such periods; to
                                            ``(bb) the number of 
                                        nationals of that country who 
                                        were admitted to the United 
                                        States under this section or on 
                                        the basis of a nonimmigrant 
                                        visa under section 
                                        101(a)(15)(B) whose periods of 
                                        authorized stay ended during 
                                        that fiscal year.
                                    ``(III) Computation of overstay 
                                rate.--In determining the overstay rate 
                                for a country, the Secretary of 
                                Homeland Security may utilize 
                                information from any available 
                                databases to ensure the accuracy of 
                                such rate.
                            ``(iii) 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 in 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 Based on Overstay Rates.--
            (1) In general.--Section 217(c)(2)(A) of the Immigration 
        and Nationality Act (8 U.S.C. 1187(c)(2)(A)) is amended to read 
        as follows:
                    ``(A) General numerical limitations.--
                            ``(i) Low nonimmigrant visa refusal rate.--
                        The percentage of nationals of that country 
                        refused nonimmigrant visas under section 
                        101(a)(15)(B) during the previous full fiscal 
                        year was not more than 3 percent of the total 
                        number of nationals of that country who were 
                        granted or refused nonimmigrant visas under 
                        such section during such year.
                            ``(ii) Low nonimmigrant overstay rate.--The 
                        overstay rate for that country was not more 
                        than 3 percent during the previous fiscal 
                        year.''.
            (2) Qualification criteria.--Section 217(c)(3) of such Act 
        (8 U.S.C. 1187(c)(3)) is amended 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 the requirements 
        under paragraph (5), that the designation will be continued.''.
            (3) Continuing designation.--Section 217(c)(5)(A)(i)(II) of 
        such Act (8 U.S.C. 1187(c)(5)(A)(i)(II)) is amended to read as 
        follows:
                                    ``(II) shall determine, based upon 
                                the evaluation in subclause (I), 
                                whether any such designation under 
                                subsection (d) or (f), or probation 
                                under subsection (f), ought to be 
                                continued or terminated;''.
            (4) Computation of visa refusal rates; judicial review.--
        Section 217(c)(6) of such Act (8 U.S.C. 1187(c)(6)) is amended 
        to read as follows:
            ``(6) Computation of visa refusal rates and 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 or regulation.
                    ``(B) Judicial review.--No court shall have 
                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) Visa waiver information.--Section 217(c)(7) of such Act 
        (8 U.S.C. 1187(c)(7)) is amended--
                    (A) by striking subparagraphs (B) through (E); and
                    (B) by striking ``Waiver information--'' and all 
                that follows through ``In refusing'' and inserting 
                ``Waiver information--In refusing''.
            (6) Waiver authority.--Section 217(c)(8) of such Act (8 
        U.S.C. 1187(c)(8)) is amended 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 other requirements of 
                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 percentage of nationals of the country refused 
                nonimmigrant visas under section 101(a)(15)(B);
                    ``(D) the country 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 percentage of nationals of the country 
                refused a nonimmigrant visa under section 101(a)(15)(B) 
                during the previous full fiscal year was not more than 
                10 percent of the total number of nationals of that 
                country who were granted or refused such nonimmigrant 
                visas.''.
    (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 the fiscal year in which a probationary 
                country is placed in probationary status under this 
                subsection.
                    ``(B) Program country.--The term `program country' 
                has the meaning given that term in subsection 
                (c)(1)(B).
            ``(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 by subsection 
                (c)(5)(A), the Secretary of Homeland Security shall 
                determine whether a program country is in compliance 
                with the program requirements under subparagraphs 
                (A)(ii) through (F) of subsection (c)(2).
                    ``(B) Initial probationary period.--If the 
                Secretary of Homeland Security determines that a 
                program country visa is not in compliance with the 
                program requirements under subparagraphs (A)(ii) 
                through (F) of subsection (c)(2), the Secretary of 
                Homeland Security 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.--At the end of the initial probationary period of a 
        country under paragraph (2)(B), the Secretary of Homeland 
        Security shall take 1 of the following actions:
                    ``(A) Compliance during initial probationary 
                period.--If the Secretary determines that all instances 
                of noncompliance with the program requirements under 
                subparagraphs (A)(ii) through (F) of subsection (c)(2) 
                that were identified in the latest periodic evaluation 
                have been remedied by the end of the initial 
                probationary period, the Secretary shall end the 
                country's probationary period.
                    ``(B) Noncompliance during initial probationary 
                period.--If the Secretary determines that any instance 
                of noncompliance with the program requirements under 
                subparagraphs (A)(ii) through (F) of subsection (c)(2) 
                that were identified in the latest periodic evaluation 
                has not been remedied by the end of the initial 
                probationary period--
                            ``(i) the Secretary may terminate the 
                        country's participation in the program; or
                            ``(ii) on an annual basis, the Secretary 
                        may continue the country's probationary status 
                        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.--At the end of all probationary periods granted to a 
        country pursuant to paragraph (3)(B)(ii), the Secretary shall 
        take 1 of the following actions:
                    ``(A) Compliance during additional period.--The 
                Secretary shall end the country's probationary status 
                if the Secretary determines during the latest periodic 
                evaluation required by subsection (c)(5)(A) that the 
                country is in compliance with the program requirements 
                under subparagraphs (A)(ii) through (F) of subsection 
                (c)(2).
                    ``(B) Noncompliance during additional periods.--The 
                Secretary shall terminate the country's participation 
                in the program if the Secretary determines during the 
                latest periodic evaluation required by subsection 
                (c)(5)(A) that the program country continues to be in 
                non-compliance with the program requirements under 
                subparagraphs (A)(ii) through (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 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.
            ``(7) Consultative role of the secretary of state.--In this 
        subsection, references to subparagraphs (A)(ii) through (F) of 
        subsection (c)(2) and subsection (c)(5)(A) carry with them the 
        consultative role of the Secretary of State as provided in 
        those provisions.''.
    (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.
    (f) Evaluation of Electronic System for Travel Authorization.--Not 
later than 90 days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall submit to Congress--
            (1) an evaluation of the security risks of aliens who enter 
        the United States without an approved Electronic System for 
        Travel Authorization verification; and
            (2) a description of any improvements needed to minimize 
        the number of aliens who enter the United States without the 
        verification described in paragraph (1).
    (g) Sense of Congress on Priority for Review of Program 
Countries.--It is the sense of Congress that the Secretary of Homeland 
Security, in the process of conducting evaluations of countries 
participating in the visa waiver program under section 217 of the 
Immigration and Nationality Act (8 U.S.C. 1187), should prioritize the 
reviews of countries in which circumstances indicate that such a review 
is necessary or desirable.

SEC. 7. EXPEDITING ENTRY FOR PRIORITY VISITORS.

    Section 7208(k)(4) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (8 U.S.C. 1365b(k)(4)) is amended to read as 
follows:
            ``(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.--Except as provided in 
                subparagraph (E), the Secretary shall retain 
                unreviewable discretion to offer or revoke enrollment 
                in Global Entry to any individual.
                    ``(E) Ineligible travelers.--An individual who is a 
                citizen of a state sponsor of terrorism (as defined in 
                section 301(13) of the Comprehensive Iran Sanctions, 
                Accountability, and Divestment Act of 2010 (22 U.S.C. 
                8541(13)) may not be enrolled in Global Entry.''.

SEC. 8. VISA PROCESSING.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary of State shall--
            (1) require United States diplomatic and consular 
        missions--
                    (A) to conduct visa interviews for nonimmigrant 
                visa applications determined to require a consular 
                interview--
                            (i) not later than 15 days after the date 
                        on which the applicant requests a visa 
                        appointment; and
                            (ii) beginning 1 year after the date of the 
                        enactment of this Act, not later than 10 days 
                        after the date on which the applicant requests 
                        a visa appointment; and
                    (B) to adjudicate nonimmigrant visa applications 
                determined not to require a consular interview not 
                later than 10 days after the receipt of the completed 
                application and passport; and
            (2) not later than 90 days after the date of the enactment 
        of this Act, submit a detailed strategic plan that describes 
        the resources needed to carry out paragraph (1)(A)(ii) to--
                    (A) the Committee on the Judiciary of the Senate;
                    (B) the Committee on Foreign Relations of the 
                Senate;
                    (C) the Committee on the Judiciary of the House of 
                Representatives; and
                    (D) the Committee on Foreign Affairs of the House 
                of Representatives.
    (b) Additional Officers.--The Secretary shall use machine readable 
nonimmigrant visa fees to hire a sufficient number of Foreign Service 
officers and limited non-career appointment consular officers to 
continuously meet and maintain the standards set forth in subsection 
(a).
    (c) Quarterly Report.--Not later than 30 days after the end of the 
first full quarter after the implementation of subsection (a), and not 
later than 30 days after the end of each subsequent quarter, the 
Secretary shall submit a report to the congressional committees set 
forth in subsection (a)(2) that identifies--
            (1) each consular post that failed to comply with the 
        standards set forth in subsection (a) during such quarter;
            (2) the cause for such noncompliance; and
            (3) reforms that the Secretary will be implement to comply 
        with such standards.
    (d) Waiver.--
            (1) In general.--The provisions under subsection (a) shall 
        be temporarily waived if a national security emergency requires 
        the Secretary of State to redistribute personnel and resources 
        to assist the affected and surrounding areas.
            (2) Reinstatement.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the provisions under subsection (a) shall be 
                reinstated not later than 1 year after the national 
                security emergency ends.
                    (B) Noncompliance report.--If the provisions under 
                subsection (a) are not reinstated by the deadline 
                described in subparagraph (A), the Secretary of State 
                shall submit a report to the Committee on Foreign 
                Relations of the Senate and the Committee on Foreign 
                Affairs of the House of Representatives that--
                            (i) describes the cause for noncompliance 
                        with the provisions under subsection (a); and
                            (ii) includes a detailed timeframe for 
                        compliance with such provisions.
    (e) Savings Provision.--
            (1) In general.--Nothing in subsection (a) may be construed 
        to affect the consular officer's authority--
                    (A) to deny a visa application under section 221(g) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1201(g)); or
                    (B) to initiate any necessary or appropriate 
                security-related check or clearance.
            (2) Security checks.--The completion of a security-related 
        check or clearance shall not be subject to the time limits set 
        forth in subsection (a).
    (f) Effective Date.--Beginning not later than 90 days after the 
date of the enactment of this Act, the Secretary shall be in full 
compliance with the provisions under subsection (a)(1).
                                 <all>