[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6618 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 6618

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2018

Mr. Quigley (for himself, Mr. Rice of South Carolina, Mr. Lipinski, and 
 Mr. Krishnamoorthi) introduced the following bill; which was 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 TITLE.

    This Act may be cited as the ``Jobs Originated through Launching 
Travel Act of 2018'' or the ``JOLT Act of 2018''.

SEC. 2. 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. 3. SECURE TRAVEL PARTNERSHIP 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) Report.--Section 217(c)(5)(A)(i) of such Act (8 U.S.C. 
        1187(c)(5)(A)(i)) is further amended--
                    (A) in subclause (III), by striking ``and'' at the 
                end;
                    (B) in subclause (IV), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding after subclause (IV) the following 
                new subclause:
                                    ``(V) shall submit to Congress a 
                                report regarding the security 
                                parameters described in paragraph 
                                (9).''.
            (6) 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.''.
            (7) Visa waiver information.--Section 217(c)(7) of such Act 
        (8 U.S.C. 1187(c)(7)) is amended by--
                    (A) striking subparagraphs (B) through (D); and
                    (B) striking ``waiver information.--'' and all that 
                follows through ``In refusing'' and inserting ``waiver 
                information.--In refusing''.
            (8) 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;
                    ``(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; and
                    ``(F) the country enters into intelligence 
                collection and information sharing arrangements with 
                the United States and meets necessary requirements as 
                established by the Secretary of Homeland Security and 
                the United States intelligence community.''.
    (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 one 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 one 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 
                noncompliance 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) Sense of Congress on Nonimmigrant Overstay Rates.--It is the 
sense of Congress that the Secretary of Homeland Security has not 
complied with the requirements under section 2 of Public Law 105-173 (8 
U.S.C. 1376) relating to the collection of data and the submission of 
reports to Congress on nonimmigrant visa overstay rates, and that the 
Secretary should collect such data, and submit such reports as are 
required by that section.
    (g) Renaming of Program.--Section 217 of the Immigration and 
Nationality Act (8 U.S.C. 1187) is amended by striking ``visa waiver 
program'' each place it appears and inserting ``secure travel 
partnership program''.

SEC. 4. 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 
        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; and
            (2) set a goal of interviewing nonimmigrant visa 
        applicants, worldwide, within 15 days of receipt of 
        application, subject to the conditions outlined in paragraph 
        (1).
    (b) Reporting.--
            (1) Semi-annual reports.--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 June 30 and 
        after December 31 of each subsequent year, the Secretary of 
        State shall submit to the appropriate committees of the 
        Congress a report that provides--
                    (A) data substantiating the efforts of the 
                Secretary of State to meet the requirements and goals 
                described in subsection (a);
                    (B) any factors that have negatively impacted the 
                efforts of the Secretary to meet such requirements and 
                goals; and
                    (C) any measures that the Secretary plans to 
                implement to meet such requirements and goals.
            (2) Annual reports.--On an annual basis, the Secretary of 
        State shall submit to the appropriate committees of the 
        Congress a strategic plan that describes the resources needed 
        to carry out subsection (a), including a 10-year forecast of 
        demand for nonimmigrant visas in the key high-growth markets, 
        including--
                    (A) a description of the methodology used to make 
                such forecasts that--
                            (i) describes the internal and external 
                        studies utilized to prepare such forecasts; and
                            (ii) indicates whether such methodology 
                        utilizes the Department of Commerce's analysis 
                        of visitor arrival projections;
                    (B) a comparison of the Department of State's 
                nonimmigrant visa demand projections and the Department 
                of Commerce's visitor arrival projections by country; 
                and
                    (C) a description of the practices and procedures 
                currently used by each United States diplomatic and 
                consular mission to manage nonimmigrant visa workload.
            (3) Appropriate committees of the congress.--In this 
        section, the term ``appropriate committees of the Congress'' 
        means--
                    (A) the Committee on the Judiciary, the Committee 
                on Foreign Relations, and the Committee on 
                Appropriations of the Senate; and
                    (B) the Committee on the Judiciary, the Committee 
                on Foreign Affairs, and the Committee on Appropriations 
                of the House of Representatives.
    (c) 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).

SEC. 5. SECURE TECHNOLOGY PILOT PROGRAM.

    Section 222 of the Immigration and Nationality Act (8 U.S.C. 1202) 
is amended by adding at the end the following:
    ``(i)(1) Except as provided in paragraph (3), the Secretary of 
State--
            ``(A) shall develop and conduct a pilot program to enhance 
        existing procedures for processing visas under section 
        101(a)(15)(B) using secure remote videoconferencing technology 
        as a method for conducting visa interviews of applicants; and
            ``(B) in consultation with other Federal agencies that use 
        such secure communications, shall help ensure the security of 
        the videoconferencing transmission and encryption conducted 
        under subparagraph (A).
    ``(2) The pilot program authorized under paragraph (1) 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.
    ``(3) Not later than 90 days after the termination of the pilot 
program authorized under paragraph (1), the Secretary of State shall 
submit a report to the Committee on the Judiciary, the Committee on 
Foreign Relations, and the Committee on Appropriations of the Senate, 
and the Committee on the Judiciary, the Committee on Foreign Affairs, 
and the Committee on Appropriations of the House of Representatives 
that contains--
            ``(A) 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
            ``(B) recommendations for whether such program should be 
        continued, broadened, or modified.
    ``(4) If the Secretary of State makes a determination under 
paragraph (3), the Secretary shall submit a report to the Committee on 
the Judiciary, the Committee on Foreign Relations, and the Committee on 
Appropriations of the Senate, and the Committee on the Judiciary, the 
Committee on Foreign Affairs, and the Committee on Appropriations of 
the House of Representatives that describes the reasons for such 
determination.
    ``(5) For purposes of this subsection, the term `in person 
interview' includes interviews conducted using remote video 
technology.''.

SEC. 6. VISA AND TRUSTED TRAVELER APPLICATION COORDINATION.

    To the maximum extent possible, the Secretary of State shall seek 
to coordinate enrollment and interview processes for individuals 
eligible for both a United States visa and enrollment in the Global 
Entry program operated by U.S. Customs and Border Protection, including 
providing space for U.S. Customs and Border Protection interviews and 
unified application fees.

SEC. 7. REPORT.

    The Secretary of Homeland Security, in consultation with the 
Secretary of State, shall submit to Congress a report on the visa 
waiver program under section 217 of the Immigration and Nationality Act 
(8 U.S.C. 1187), which includes the following:
            (1) Quantitative language on how many people visited the 
        United States under the secure travel partnership program, 
        which countries had the highest number of visitors, and which 
        were growing.
            (2) Ways in which the secure travel partnership program 
        promotes travel security.
            (3) Long-term resource allocation of the Department of 
        Homeland Security in managing the program.
                                 <all>