Jobs Originated through Launching Travel Act of 2013 or JOLT Act of 2013 - Amends the Immigration and Nationality Act to direct the Secretary of State (Secretary) to establish a pilot fee-based premium processing service to expedite visa interview appointments. Authorizes the Secretary to collect and set fee amounts.
Authorizes the Secretary of Homeland Security (DHS) to admit into the United States a qualifying Canadian citizen over 50 years old and spouse for a period not to exceed 240 days if the person maintains a Canadian residence and owns a U.S. residence or has rented a U.S. accommodation for the duration of such stay.
Directs the Secretary to require overseas visa processing posts to make public the availability of visa appointments during periods of low demand to encourage visa applicants to apply when interview wait times are lowest.
Revises the visa waiver program to: (1) authorize the Secretary of Homeland Security to designate any country as a program country; (2) adjust visa refusal rate criteria, including addition of a 3% maximum overstay rate; and (3) revise probationary and termination provisions.
Directs the Secretary to require U.S. diplomatic and consular missions to: (1) conduct nonimmigrant visa application interviews expeditiously, consistent with national security requirements and in recognition of resource allocation considerations; and (2) set a goal of interviewing 90% of all nonimmigrant visa applicants, worldwide, within 10 days of application receipt.
Directs the Secretary to: (1) develop and conduct a pilot program for processing visas using secure remote videoconferencing technology, and (2) seek to coordinate enrollment and interview processes for individuals eligible for both a U.S. visa and enrollment in the Global Entry program.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1354 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1354
To amend the Immigration and Nationality Act to stimulate international
tourism to the United States and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2013
Mr. Heck of Nevada (for himself, Mr. Quigley, Mr. Amodei, Mr.
Cicilline, and Mr. Grimm) 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 TITLES.
This Act may be cited as the ``Jobs Originated through Launching
Travel Act of 2013'' or the ``JOLT Act of 2013''.
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 2013, 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 direct overseas visa processing posts
to make public the availability of visa appointments during periods of
low demand in order to encourage applicants to apply for visas when
interview wait times are lowest.
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 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
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. 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 90 percent of all
nonimmigrant visa applicants, worldwide, within 10 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. 7. INTERVIEWS OF VISA APPLICANTS.
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 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) 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.
``(3) 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.
``(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. 8. 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration And Border Security.
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