[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3199 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3199

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2012

  Mr. Schumer (for himself, Mr. Blumenthal, Mr. Blunt, Mr. Coons, Mr. 
 Heller, Mr. Kirk, Ms. Klobuchar, Mr. Kohl, Mr. Lee, Mr. Manchin, Ms. 
  Mikulski, Mr. Rubio, Mrs. Shaheen, Mr. Brown of Massachusetts, Ms. 
 Murkowski, Ms. Ayotte, and Mr. Risch) 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 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 TITLES.

    This Act may be cited as the ``Jobs Originated through Launching 
Travel Act of 2012'' or the ``JOLT Act of 2012''.

SEC. 2. PREMIUM PROCESSING.

    Section 221 of the Immigration and Nationality Act (8 U.S.C. 1201) 
is amended by inserting at the end the following:
    ``(j) Premium Processing.--
            ``(1) Pilot processing service.--Recognizing that the best 
        solution for expedited processing is low interview wait times 
        for all applicants, the Secretary of State shall nevertheless 
        establish, on a limited, pilot basis only, a fee-based premium 
        processing service to expedite interview appointments. In 
        establishing a pilot processing service, the Secretary may--
                    ``(A) determine the consular posts at which the 
                pilot service will be available;
                    ``(B) establish the duration of the pilot service;
                    ``(C) define the terms and conditions of the pilot 
                service, with the goal of expediting visa appointments 
                and the interview process for those electing to pay 
                said fee for the service; and
                    ``(D) resources permitting, during the pilot 
                service, consider the addition of consulates in 
                locations advantageous to foreign policy objectives or 
                in highly populated locales.
            ``(2) Fees.--
                    ``(A) Authority to collect.--The Secretary of State 
                is authorized to collect, and set the amount of, a fee 
                imposed for the premium processing service. The 
                Secretary of State shall set the fee based on all 
                relevant considerations including, the cost of 
                expedited service.
                    ``(B) Use of fees.--Fees collected under the 
                authority of subparagraph (A) shall be deposited as an 
                offsetting collection to any Department of State 
                appropriation, to recover the costs of providing 
                consular services. Such fees shall remain available for 
                obligation until expended.
                    ``(C) Relationship to other fees.--Such fee is in 
                addition to any existing fee currently being collected 
                by the Department of State.
                    ``(D) Non-refundable.--Such fee will be non-
                refundable to the applicant.
            ``(3) Description of premium processing.--Premium 
        processing pertains solely to the expedited scheduling of a 
        visa interview. Utilizing the premium processing service for an 
        expedited interview appointment does not establish the 
        applicant's eligibility for a visa. The Secretary of State 
        shall, if possible, inform applicants utilizing the premium 
        processing of potential delays in visa issuance due to 
        additional screening requirements, including necessary 
        security-related checks and clearances.
            ``(4) Report to congress.--
                    ``(A) Requirement for report.--Not later than 18 
                months after the date of the enactment of the JOLT Act 
                of 2012, the Secretary of State shall submit to the 
                appropriate committees of Congress a report on the 
                results of the pilot service carried out under this 
                section.
                    ``(B) Appropriate committees of congress defined.--
                In this paragraph, the term `appropriate committees of 
                Congress' means--
                            ``(i) the Committee on the Judiciary, the 
                        Committee on Foreign Relations, and the 
                        Committee on Appropriations of the Senate; and
                            ``(ii) the Committee on the Judiciary, the 
                        Committee on Foreign Affairs, and the Committee 
                        on Appropriations of the House of 
                        Representatives.''.

SEC. 3. ENCOURAGING CANADIAN TOURISM TO THE UNITED STATES.

    Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) 
is amended by adding at the end the following:
    ``(s) Canadian Retirees.--
            ``(1) In general.--The Secretary of Homeland Security may 
        admit as a visitor for pleasure as described in section 
        101(a)(15)(B) any alien for a period not to exceed 240 days, if 
        the alien demonstrates, to the satisfaction of the Secretary, 
        that the alien--
                    ``(A) is a citizen of Canada;
                    ``(B) is at least 50 years of age;
                    ``(C) maintains a residence in Canada;
                    ``(D) 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;
                    ``(E) is not inadmissible under section 212;
                    ``(F) is not described in any ground of 
                deportability under section 237;
                    ``(G) will not engage in employment or labor for 
                hire in the United States; and
                    ``(H) 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)).
            ``(2) Spouse.--The spouse of an alien described in 
        paragraph (1) may be admitted under the same terms as the 
        principal alien if the spouse satisfies the requirements of 
        paragraph (1), other than subparagraph (D).
            ``(3) Immigrant intent.--In determining eligibility for 
        admission under this subsection, maintenance of a residence in 
        the United States shall not be considered evidence of intent by 
        the alien to abandon the alien's residence in Canada.
            ``(4) Period of admission.--During any single 365-day 
        period, an alien may be admitted as described in section 
        101(a)(15)(B) pursuant to this subsection for a period not to 
        exceed 240 days, beginning on the date of admission. Periods of 
        time spent outside the United States during such 240-day period 
        shall not toll the expiration of such 240-day period.''.

SEC. 4. INCENTIVES FOR FOREIGN VISITORS VISITING THE UNITED STATES 
              DURING LOW PEAK SEASONS.

    The Secretary of State shall make publically available, on a 
monthly basis, historical data, for the previous 2 years, regarding the 
availability of visa appointments for each visa processing post, to 
allow applicants to identify periods of low demand, when wait times 
tend to be lower.

SEC. 5. 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 designation as a 
        program country under section 217(c)(2), a country may not 
        continue to 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) Initial period.--Section 217(c) is further amended by 
        striking subsection (c)(4).
            (4) 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;''.

            (5) 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.''.
            (6) 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 (D); and
                    (B) by striking ``waiver information.--'' and all 
                that follows through ``In refusing'' and inserting 
                ``waiver information.--In refusing''.
            (7) 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 to the United States of 
                individuals (including the country's own nationals) who 
                commit crimes that violate United States law 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 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. 6. 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 may expand the enrollment across registered 
                traveler programs to include eligible individuals 
                employed by international organizations, selected by 
                the Secretary, which maintain strong working 
                relationships with the United States.
                    ``(B) Requirements.--An individual may not be 
                enrolled in a registered traveler program unless--
                            ``(i) the individual is sponsored by an 
                        international organization selected by the 
                        Secretary under subparagraph (A); and
                            ``(ii) the government that issued the 
                        passport that the individual is using has 
                        entered into a Trusted Traveler Arrangement 
                        with the Department of Homeland Security to 
                        participate in a registered traveler program.
                    ``(C) Security requirements.--An individual may not 
                be enrolled in a registered traveler program 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 a registered traveler program 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 a registered traveler 
                program.''.

SEC. 7. VISA PROCESSING.

    (a) In General.--Notwithstanding any other provision of law and not 
later than 90 days after the date of the enactment of this Act, 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 in an expeditious manner, consistent with 
                national security requirements, and in recognition of 
                resource allocation considerations, such as the need to 
                ensure provision of consular services to citizens of 
                the United States;
                    (B) to set a goal of interviewing 80 percent of all 
                nonimmigrant visa applicants, worldwide, within 3 weeks 
                of receipt of application, subject to the conditions 
                outlined in subparagraph (A); and
                    (C) to explore expanding visa processing capacity 
                in China and Brazil, with the goal of maintaining 
                interview wait times under 15 work days on a 
                consistent, year-round basis, recognizing that demand 
                can spike suddenly and unpredictably and that the first 
                priority of United States missions abroad is the 
                protection of citizens of the United States; and
            (2) submit to the appropriate committees of Congress a 
        detailed strategic plan that describes the resources needed to 
        carry out paragraph (1)(A).
    (b) Appropriate Committees of Congress.--In this section, the term 
``appropriate committees of Congress'' means--
            (1) the Committee on the Judiciary, the Committee on 
        Foreign Relations, and the Committee on Appropriations of the 
        Senate; and
            (2) the Committee on the Judiciary, the Committee on 
        Foreign Affairs, and the Committee on Appropriations of the 
        House of Representatives.
    (c) Semi-Annual Report.--Not later than 30 days after the end of 
the first 6 months after the implementation of subsection (a), and not 
later than 30 days after the end of each subsequent quarter, the 
Secretary of State shall submit to the appropriate committees of 
Congress a report that provides--
            (1) data substantiating the efforts of the Secretary of 
        State to meet the requirements and goals described in 
        subsection (a);
            (2) any factors that have negatively impacted the efforts 
        of the Secretary to meet such requirements and goals; and
            (3) any measures that the Secretary plans to implement to 
        meet such requirements and goals.
    (d) Savings Provision.--
            (1) In general.--Nothing in subsection (a) may be construed 
        to affect a 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 
        out in subsection (a).
    (e) Effective Period.--This section shall cease to have effect on 
September 30, 2015.
                                 <all>