II 

112TH CONGRESS 

2D SESSION S. 2233 

To amend the Immigration and Nationality Act to stimulate international 

tourism to the United States. 

IN THE SENATE OF THE UNITED STATES 

MARCH 26, 2012 

Mr. SCHUMER (for himself, Mr. LEE, Ms. MIKULSKI, Mr. BLUNT, Ms. KLOBUCHAR, Mr. KIRK, Mr. RUBIO, and Mr. COONS) introduced the following 

bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to stimulate 

international tourism to the United States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Jobs Originated 

5 through Launching Travel Act’’ or the ‘‘JOLT Act’’. 

6 SEC. 2. VISA VALIDITY PERIOD. 

7 If the Secretary of State demonstrates that the 

8 United States would not be adversely affected, the Sec9 retary may modify or enter into agreements with certain 

10 countries on a nonreciprocal basis to allow for longer visa 


pwalker on DSK7TPTVN1PROD with BILLS
2 

•S 2233 IS

1 validity periods than the periods with such countries that 

2 are in existence as of the date of the enactment of this 

3 Act. 

4 SEC. 3. EXPEDITING PRIORITY VISITORS. 

5 Section 286(u) of the Immigration and Nationality 

6 Act (8 U.S.C. 1356(u)) is amended— 

7 (1) by amending the subsection heading to read 

8 as follows: 

9 ‘‘(u) PREMIUM PROCESSING FEE.—’’; 

10 (2) by striking ‘‘The Attorney General’’ and in11 serting the following: 

12 ‘‘(1) EMPLOYMENT-BASED PETITIONS AND AP13 PLICATIONS.—The Secretary of Homeland Secu14 rity’’; 

15 (3) by striking ‘‘This fee’’ and inserting ‘‘The 

16 fee authorized under this paragraph’’; 

17 (4) by striking ‘‘The Attorney General may ad18 just this fee’’ and inserting ‘‘The Secretary may ad19 just the fee authorized under this paragraph’’; and 

20 (5) by adding at the end the following: 

21 ‘‘(2) VISITOR VISAS.—The Secretary of State 

22 shall offer premium processing for visitor visas 

23 issued to nonimmigrants described in section 

24 101(a)(15)(B) and shall ensure that applicants re25 questing premium processing for such visas are 


pwalker on DSK7TPTVN1PROD with BILLS
3 

•S 2233 IS

1 interviewed and the visa application is adjudicated 

2 not later than 3 business days after the date of the 

3 applicant’s request for a visa appointment, absent 

4 compelling security concerns. The Secretary shall 

5 charge a fee for premium processing services under 

6 this paragraph in an amount sufficient to recover 

7 the costs incurred— 

8 ‘‘(A) to more quickly process such visas in 

9 India, China, and Brazil; and 

10 ‘‘(B) to create mobile interview units to 

11 process visa applications and conduct visa inter12 views in cities with more than 1,000,000 people 

13 that do not have a United States embassy or 

14 consulate.’’. 

15 SEC. 4. ENCOURAGING CANADIAN TOURISM TO THE 

16 UNITED STATES. 

17 Section 211 of the Immigration and Nationality Act 

18 (8 U.S.C. 1181) is amended by adding at the end the fol19 lowing: 

20 ‘‘(d) CANADIAN RETIREES.—The Secretary of Home21 land Security shall admit any alien, and the spouse and 

22 children of the alien, for a period of not less than 240 

23 days, if the alien demonstrates, to the satisfaction of the 

24 Secretary, that the alien— 

25 ‘‘(1) is a citizen of Canada; 


pwalker on DSK7TPTVN1PROD with BILLS
4 

•S 2233 IS

1 ‘‘(2) is older than 50 years of age; 

2 ‘‘(3) owns a residence in the United States or 

3 has signed a rental agreement for accommodations 

4 in the United States for the duration of the alien’s 

5 stay in the United States; 

6 ‘‘(4) is not inadmissible under section 212; 

7 ‘‘(5) is not deportable under section 237; 

8 ‘‘(6) will not engage in employment in the 

9 United States; and 

10 ‘‘(7) will not seek any form of assistance or 

11 benefit described in section 403(a) of the Personal 

12 Responsibility and Work Opportunity Reconciliation 

13 Act of 1996 (8 U.S.C. 1613(a)).’’. 

14 SEC. 5. INCENTIVES FOR FOREIGN VISITORS VISITING THE 

15 UNITED STATES DURING LOW PEAK SEA16 SONS. 

17 (a) APPLICATION FEES.—The Secretary of State 

18 shall give foreign visitors an incentive to apply for a visa 

19 when the demand is lower by decreasing the visa applica20 tion and issuance fees charged to nonimmigrants de21 scribed in section 101(a)(15)(B) of the Immigration and 

22 Nationality Act (8 U.S.C. 1101(a)(15)(B)) in selected 

23 countries during periods when there is low demand for vis24 itor visas in such countries. 


pwalker on DSK7TPTVN1PROD with BILLS
5 

•S 2233 IS

1 (b) LIMITATION.—In decreasing visa application and 

2 issuance fees under subsection (a), the Secretary shall— 

3 (1) subject to paragraph (2), maximize the de4 mand for such visa applications; and 

5 (2) maintain the total amount collected from 

6 such fees. 

7 SEC. 6. VISA WAIVER PROGRAM ENHANCED SECURITY AND 

8 REFORM. 

9 (a) DEFINITIONS.—Section 217(c)(1) of the Immi10 gration and Nationality Act (8 U.S.C. 1187(c)(1)) is 

11 amended to read as follows: 

12 ‘‘(1) AUTHORITY TO DESIGNATE; DEFINI13 TIONS.— 

14 ‘‘(A) AUTHORITY TO DESIGNATE.—The 

15 Secretary of Homeland Security, in consultation 

16 with the Secretary of State, may designate any 

17 country as a program country if that country 

18 meets the requirements under paragraph (2). 

19 ‘‘(B) DEFINITIONS.—In this subsection: 

20 ‘‘(i) APPROPRIATE CONGRESSIONAL

21 COMMITTEES.—The term ‘appropriate con22 gressional committees’ means— 

23 ‘‘(I) the Committee on Foreign 

24 Relations, the Committee on Home25 land Security and Governmental AfVerDate Mar 15 2010 02:10 Mar 27, 2012 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2233.IS S2233

pwalker on DSK7TPTVN1PROD with BILLS
6 

•S 2233 IS

1 fairs, and the Committee on the Judi2 ciary of the Senate; and 

3 ‘‘(II) the Committee on Foreign 

4 Affairs, the Committee on Homeland 

5 Security, and the Committee on the 

6 Judiciary of the House of Representa7 tives. 

8 ‘‘(ii) OVERSTAY RATE.— 

9 ‘‘(I) INITIAL DESIGNATION.—The 

10 term ‘overstay rate’ means, with re11 spect to a country being considered 

12 for designation in the program, the 

13 ratio of— 

14 ‘‘(aa) the number of nation15 als of that country who were ad16 mitted to the United States on 

17 the basis of a nonimmigrant visa 

18 under section 101(a)(15)(B) 

19 whose periods of authorized stay 

20 ended during a fiscal year but 

21 who remained unlawfully in the 

22 United States beyond such peri23 ods; to 

24 ‘‘(bb) the number of nation25 als of that country who were adVerDate Mar 15 2010 02:10 Mar 27, 2012 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2233.IS S2233

pwalker on DSK7TPTVN1PROD with BILLS
7 

•S 2233 IS

1 mitted to the United States on 

2 the basis of a nonimmigrant visa 

3 under section 101(a)(15)(B) 

4 whose periods of authorized stay 

5 ended during that fiscal year. 

6 ‘‘(II) CONTINUING DESIGNA7 TION.—The term ‘overstay rate’ 

8 means, for each fiscal year after ini9 tial designation under this section 

10 with respect to a country, the ratio 

11 of— 

12 ‘‘(aa) the number of nation13 als of that country who were ad14 mitted to the United States 

15 under this section or on the basis 

16 of a nonimmigrant visa under 

17 section 101(a)(15)(B) whose pe18 riods of authorized stay ended 

19 during a fiscal year but who re20 mained unlawfully in the United 

21 States beyond such periods; to 

22 ‘‘(bb) the number of nation23 als of that country who were ad24 mitted to the United States 

25 under this section or on the basis 


pwalker on DSK7TPTVN1PROD with BILLS
8 

•S 2233 IS

1 of a nonimmigrant visa under 

2 section 101(a)(15)(B) whose pe3 riods of authorized stay ended 

4 during that fiscal year. 

5 ‘‘(III) COMPUTATION OF OVER6 STAY RATE.—In determining the over7 stay rate for a country, the Secretary 

8 of Homeland Security may utilize in9 formation from any available data10 bases to ensure the accuracy of such 

11 rate. 

12 ‘‘(iii) PROGRAM COUNTRY.—The term 

13 ‘program country’ means a country des14 ignated as a program country under sub15 paragraph (A).’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

17 Section 217 of the Immigration and Nationality Act (8 

18 U.S.C. 1187) is amended— 

19 (1) by striking ‘‘Attorney General’’ each place 

20 the term appears (except in subsection (c)(11)(B)) 

21 and inserting ‘‘Secretary of Homeland Security’’; 

22 and 

23 (2) in subsection (c)— 

24 (A) in paragraph (2)(C)(iii), by striking 

25 ‘‘Committee on the Judiciary and the ComVerDate Mar 15 2010 02:10 Mar 27, 2012 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2233.IS S2233

pwalker on DSK7TPTVN1PROD with BILLS
9 

•S 2233 IS

1 mittee on International Relations of the House 

2 of Representatives and the Committee on the 

3 Judiciary and the Committee on Foreign Rela4 tions of the Senate’’ and inserting ‘‘appropriate 

5 congressional committees’’; 

6 (B) in paragraph (5)(A)(i)(III), by striking 

7 ‘‘Committee on the Judiciary, the Committee on 

8 Foreign Affairs, and the Committee on Home9 land Security, of the House of Representatives 

10 and the Committee on the Judiciary, the Com11 mittee on Foreign Relations, and the Com12 mittee on Homeland Security and Govern13 mental Affairs of the Senate’’ and inserting 

14 ‘‘appropriate congressional committees’’; and 

15 (C) in paragraph (7), by striking subpara16 graph (E). 

17 (c) DESIGNATION OF PROGRAM COUNTRIES BASED

18 ON OVERSTAY RATES.— 

19 (1) IN GENERAL.—Section 217(c)(2)(A) of the 

20 Immigration and Nationality Act (8 U.S.C. 

21 1187(c)(2)(A)) is amended to read as follows: 

22 ‘‘(A) GENERAL NUMERICAL LIMITA23 TIONS.— 

24 ‘‘(i) LOW NONIMMIGRANT VISA RE25 FUSAL RATE.—The percentage of nationals 


pwalker on DSK7TPTVN1PROD with BILLS
10 

•S 2233 IS

1 of that country refused nonimmigrant visas 

2 under section 101(a)(15)(B) during the 

3 previous full fiscal year was not more than 

4 3 percent of the total number of nationals 

5 of that country who were granted or re6 fused nonimmigrant visas under such sec7 tion during such year. 

8 ‘‘(ii) LOW NONIMMIGRANT OVERSTAY

9 RATE.—The overstay rate for that country 

10 was not more than 3 percent during the 

11 previous fiscal year.’’. 

12 (2) QUALIFICATION CRITERIA.—Section 

13 217(c)(3) of such Act (8 U.S.C. 1187(c)(3)) is 

14 amended to read as follows: 

15 ‘‘(3) QUALIFICATION CRITERIA.—After the ini16 tial period, a country may not be designated as a 

17 program country unless the Secretary of Homeland 

18 Security, in consultation with the Secretary of State, 

19 determines, pursuant to the requirements under 

20 paragraph (5), that the designation will be contin21 ued.’’. 

22 (3) CONTINUING DESIGNATION.—Section 

23 217(c)(5)(A)(i)(II) of such Act (8 U.S.C. 

24 1187(c)(5)(A)(i)(II)) is amended to read as follows: 


pwalker on DSK7TPTVN1PROD with BILLS
11 

•S 2233 IS

1 ‘‘(II) shall determine, based upon 

2 the evaluation in subclause (I), wheth3 er any such designation under sub4 section (d) or (f), or probation under 

5 subsection (f), ought to be continued 

6 or terminated;’’. 

7 (4) COMPUTATION OF VISA REFUSAL RATES; 

8 JUDICIAL REVIEW.—Section 217(c)(6) of such Act 

9 (8 U.S.C. 1187(c)(6)) is amended to read as follows: 

10 ‘‘(6) COMPUTATION OF VISA REFUSAL RATES

11 AND JUDICIAL REVIEW.— 

12 ‘‘(A) COMPUTATION OF VISA REFUSAL

13 RATES.—For purposes of determining the eligi14 bility of a country to be designated as a pro15 gram country, the calculation of visa refusal 

16 rates shall not include any visa refusals which 

17 incorporate any procedures based on, or are 

18 otherwise based on, race, sex, or disability, un19 less otherwise specifically authorized by law or 

20 regulation. 

21 ‘‘(B) JUDICIAL REVIEW.—No court shall 

22 have jurisdiction under this section to review 

23 any visa refusal, the Secretary of State’s com24 putation of a visa refusal rate, the Secretary of 

25 Homeland Security’s computation of an overVerDate Mar 15 2010 02:10 Mar 27, 2012 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2233.IS S2233

pwalker on DSK7TPTVN1PROD with BILLS
12 

•S 2233 IS

1 stay rate, or the designation or nondesignation 

2 of a country as a program country.’’. 

3 (5) VISA WAIVER INFORMATION.—Section 

4 217(c)(7) of such Act (8 U.S.C. 1187(c)(7)) is 

5 amended— 

6 (A) by striking subparagraphs (B) through 

7 (E); and 

8 (B) by striking ‘‘WAIVER INFORMATION— 

9 ’’ and all that follows through ‘‘In refusing’’ 

10 and inserting ‘‘WAIVER INFORMATION—In re11 fusing’’. 

12 (6) WAIVER AUTHORITY.—Section 217(c)(8) of 

13 such Act (8 U.S.C. 1187(c)(8)) is amended to read 

14 as follows: 

15 ‘‘(8) WAIVER AUTHORITY.—The Secretary of 

16 Homeland Security, in consultation with the Sec17 retary of State, may waive the application of para18 graph (2)(A)(i) for a country if— 

19 ‘‘(A) the country meets all other require20 ments of paragraph (2); 

21 ‘‘(B) the Secretary of Homeland Security 

22 determines that the totality of the country’s se23 curity risk mitigation measures provide assur24 ance that the country’s participation in the pro25 gram would not compromise the law enforceVerDate Mar 15 2010 02:10 Mar 27, 2012 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2233.IS S2233

pwalker on DSK7TPTVN1PROD with BILLS
13 

•S 2233 IS

1 ment, security interests, or enforcement of the 

2 immigration laws of the United States; 

3 ‘‘(C) there has been a general downward 

4 trend in the percentage of nationals of the 

5 country refused nonimmigrant visas under sec6 tion 101(a)(15)(B); 

7 ‘‘(D) the country consistently cooperated 

8 with the Government of the United States on 

9 counterterrorism initiatives, information shar10 ing, preventing terrorist travel, and extradition 

11 of the country’s nationals to the United States 

12 before the date of its designation as a program 

13 country, and the Secretary of Homeland Secu14 rity and the Secretary of State assess that such 

15 cooperation is likely to continue; and 

16 ‘‘(E) the percentage of nationals of the 

17 country refused a nonimmigrant visa under sec18 tion 101(a)(15)(B) during the previous full fis19 cal year was not more than 10 percent of the 

20 total number of nationals of that country who 

21 were granted or refused such nonimmigrant 

22 visas.’’. 

23 (d) TERMINATION OF DESIGNATION; PROBATION.— 

24 Section 217(f) of the Immigration and Nationality Act (8 

25 U.S.C. 1187(f)) is amended to read as follows: 


pwalker on DSK7TPTVN1PROD with BILLS
14 

•S 2233 IS

1 ‘‘(f) TERMINATION OF DESIGNATION; PROBATION.— 

2 ‘‘(1) DEFINITIONS.—In this subsection: 

3 ‘‘(A) PROBATIONARY PERIOD.—The term 

4 ‘probationary period’ means the fiscal year in 

5 which a probationary country is placed in pro6 bationary status under this subsection. 

7 ‘‘(B) PROGRAM COUNTRY.—The term ‘pro8 gram country’ has the meaning given that term 

9 in subsection (c)(1)(B). 

10 ‘‘(2) DETERMINATION, NOTICE, AND INITIAL

11 PROBATIONARY PERIOD.— 

12 ‘‘(A) DETERMINATION OF PROBATIONARY

13 STATUS AND NOTICE OF NONCOMPLIANCE.—As 

14 part of each program country’s periodic evalua15 tion required by subsection (c)(5)(A), the Sec16 retary of Homeland Security shall determine 

17 whether a program country is in compliance 

18 with the program requirements under subpara19 graphs (A)(ii) through (F) of subsection (c)(2). 

20 ‘‘(B) INITIAL PROBATIONARY PERIOD.—If 

21 the Secretary of Homeland Security determines 

22 that a program country visa is not in compli23 ance with the program requirements under sub24 paragraphs (A)(ii) through (F) of subsection 

25 (c)(2), the Secretary of Homeland Security 


pwalker on DSK7TPTVN1PROD with BILLS
15 

•S 2233 IS

1 shall place the program country in probationary 

2 status for the fiscal year following the fiscal 

3 year in which the periodic evaluation is com4 pleted. 

5 ‘‘(3) ACTIONS AT THE END OF THE INITIAL

6 PROBATIONARY PERIOD.—At the end of the initial 

7 probationary period of a country under paragraph 

8 (2)(B), the Secretary of Homeland Security shall 

9 take 1 of the following actions: 

10 ‘‘(A) COMPLIANCE DURING INITIAL PROBA11 TIONARY PERIOD.—If the Secretary determines 

12 that all instances of noncompliance with the 

13 program requirements under subparagraphs 

14 (A)(ii) through (F) of subsection (c)(2) that 

15 were identified in the latest periodic evaluation 

16 have been remedied by the end of the initial 

17 probationary period, the Secretary shall end the 

18 country’s probationary period. 

19 ‘‘(B) NONCOMPLIANCE DURING INITIAL

20 PROBATIONARY PERIOD.—If the Secretary de21 termines that any instance of noncompliance 

22 with the program requirements under subpara23 graphs (A)(ii) through (F) of subsection (c)(2) 

24 that were identified in the latest periodic evalVerDate Mar 15 2010 02:10 Mar 27, 2012 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S2233.IS S2233

pwalker on DSK7TPTVN1PROD with BILLS
16 

•S 2233 IS

1 uation has not been remedied by the end of the 

2 initial probationary period— 

3 ‘‘(i) the Secretary may terminate the 

4 country’s participation in the program; or 

5 ‘‘(ii) on an annual basis, the Secretary 

6 may continue the country’s probationary 

7 status if the Secretary, in consultation 

8 with the Secretary of State, determines 

9 that the country’s continued participation 

10 in the program is in the national interest 

11 of the United States. 

12 ‘‘(4) ACTIONS AT THE END OF ADDITIONAL

13 PROBATIONARY PERIODS.—At the end of all proba14 tionary periods granted to a country pursuant to 

15 paragraph (3)(B)(ii), the Secretary shall take 1 of 

16 the following actions: 

17 ‘‘(A) COMPLIANCE DURING ADDITIONAL

18 PERIOD.—The Secretary shall end the country’s 

19 probationary status if the Secretary determines 

20 during the latest periodic evaluation required by 

21 subsection (c)(5)(A) that the country is in com22 pliance with the program requirements under 

23 subparagraphs (A)(ii) through (F) of subsection 

24 (c)(2). 


pwalker on DSK7TPTVN1PROD with BILLS
17 

•S 2233 IS

1 ‘‘(B) NONCOMPLIANCE DURING ADDI2 TIONAL PERIODS.—The Secretary shall termi3 nate the country’s participation in the program 

4 if the Secretary determines during the latest 

5 periodic evaluation required by subsection 

6 (c)(5)(A) that the program country continues to 

7 be in non-compliance with the program require8 ments under subparagraphs (A)(ii) through (F) 

9 of subsection (c)(2). 

10 ‘‘(5) EFFECTIVE DATE.—The termination of a 

11 country’s participation in the program under para12 graph (3)(B) or (4)(B) shall take effect on the first 

13 day of the first fiscal year following the fiscal year 

14 in which the Secretary determines that such partici15 pation shall be terminated. Until such date, nation16 als of the country shall remain eligible for a waiver 

17 under subsection (a). 

18 ‘‘(6) TREATMENT OF NATIONALS AFTER TERMI19 NATION.—For purposes of this subsection and sub20 section (d)— 

21 ‘‘(A) nationals of a country whose designa22 tion is terminated under paragraph (3) or (4) 

23 shall remain eligible for a waiver under sub24 section (a) until the effective date of such ter25 mination; and 


pwalker on DSK7TPTVN1PROD with BILLS
18 

•S 2233 IS

1 ‘‘(B) a waiver under this section that is 

2 provided to such a national for a period de3 scribed in subsection (a)(1) shall not, by such 

4 termination, be deemed to have been rescinded 

5 or otherwise rendered invalid, if the waiver is 

6 granted prior to such termination. 

7 ‘‘(7) CONSULTATIVE ROLE OF THE SECRETARY

8 OF STATE.—In this subsection, references to sub9 paragraphs (A)(ii) through (F) of subsection (c)(2) 

10 and subsection (c)(5)(A) carry with them the con11 sultative role of the Secretary of State as provided 

12 in those provisions.’’. 

13 (e) REVIEW OF OVERSTAY TRACKING METHOD14 OLOGY.—Not later than 180 days after the date of the 

15 enactment of this Act, the Comptroller General of the 

16 United States shall conduct a review of the methods used 

17 by the Secretary of Homeland Security— 

18 (1) to track aliens entering and exiting the 

19 United States; and 

20 (2) to detect any such alien who stays longer 

21 than such alien’s period of authorized admission. 

22 (f) EVALUATION OF ELECTRONIC SYSTEM FOR

23 TRAVEL AUTHORIZATION.—Not later than 90 days after 

24 the date of the enactment of this Act, the Secretary of 

25 Homeland Security shall submit to Congress— 


pwalker on DSK7TPTVN1PROD with BILLS
19 

•S 2233 IS

1 (1) an evaluation of the security risks of aliens 

2 who enter the United States without an approved 

3 Electronic System for Travel Authorization 

4 verification; and 

5 (2) a description of any improvements needed 

6 to minimize the number of aliens who enter the 

7 United States without the verification described in 

8 paragraph (1). 

9 (g) SENSE OF CONGRESS ON PRIORITY FOR REVIEW

10 OF PROGRAM COUNTRIES.—It is the sense of Congress 

11 that the Secretary of Homeland Security, in the process 

12 of conducting evaluations of countries participating in the 

13 visa waiver program under section 217 of the Immigration 

14 and Nationality Act (8 U.S.C. 1187), should prioritize the 

15 reviews of countries in which circumstances indicate that 

16 such a review is necessary or desirable. 

17 SEC. 7. EXPEDITING ENTRY FOR PRIORITY VISITORS. 

18 Section 7208(k)(4) of the Intelligence Reform and 

19 Terrorism Prevention Act of 2004 (8 U.S.C. 1365b(k)(4)) 

20 is amended to read as follows: 

21 ‘‘(4) EXPEDITING ENTRY FOR PRIORITY VISI22 TORS.— 

23 ‘‘(A) IN GENERAL.—The Secretary of 

24 Homeland Security shall expand the enrollment 

25 in the Global Entry Trusted Traveler Network 


pwalker on DSK7TPTVN1PROD with BILLS
20 

•S 2233 IS

1 (referred to in this paragraph as ‘Global 

2 Entry’) to include individuals employed by 

3 international organizations, selected by the Sec4 retary, which maintain strong working relation5 ships with the United States. 

6 ‘‘(B) SPONSORS.—An individual may not 

7 be enrolled in Global Entry unless the indi8 vidual is sponsored by— 

9 ‘‘(i) an international organization se10 lected by the Secretary under subpara11 graph (A); and 

12 ‘‘(ii) the government that issued the 

13 passport that the individual is using to 

14 participate in Global Entry. 

15 ‘‘(C) SECURITY REQUIREMENTS.—An indi16 vidual may not be enrolled in Global Entry un17 less the individual has successfully completed all 

18 applicable security requirements established by 

19 the Secretary, including cooperation from the 

20 applicable foreign government, to ensure that 

21 the individual does not pose a risk to the 

22 United States. 

23 ‘‘(D) DISCRETION.—Except as provided in 

24 subparagraph (E), the Secretary shall retain 


pwalker on DSK7TPTVN1PROD with BILLS
21 

•S 2233 IS

1 unreviewable discretion to offer or revoke en2 rollment in Global Entry to any individual. 

3 ‘‘(E) INELIGIBLE TRAVELERS.—An indi4 vidual who is a citizen of a state sponsor of ter5 rorism (as defined in section 301(13) of the 

6 Comprehensive Iran Sanctions, Accountability, 

7 and Divestment Act of 2010 (22 U.S.C. 

8 8541(13)) may not be enrolled in Global 

9 Entry.’’. 

10 SEC. 8. VISA PROCESSING. 

11 (a) IN GENERAL.—Notwithstanding any other provi12 sion of law, the Secretary of State shall— 

13 (1) require United States diplomatic and con14 sular missions— 

15 (A) to conduct visa interviews for non16 immigrant visa applications determined to re17 quire a consular interview— 

18 (i) not later than 15 days after the 

19 date on which the applicant requests a visa 

20 appointment; and 

21 (ii) beginning 1 year after the date of 

22 the enactment of this Act, not later than 

23 10 days after the date on which the appli24 cant requests a visa appointment; and 


pwalker on DSK7TPTVN1PROD with BILLS
22 

•S 2233 IS

1 (B) to adjudicate nonimmigrant visa appli2 cations determined not to require a consular 

3 interview not later than 10 days after the re4 ceipt of the completed application and passport; 

5 and 

6 (2) not later than 90 days after the date of the 

7 enactment of this Act, submit a detailed strategic 

8 plan that describes the resources needed to carry out 

9 paragraph (1)(A)(ii) to— 

10 (A) the Committee on the Judiciary of the 

11 Senate; 

12 (B) the Committee on Foreign Relations of 

13 the Senate; 

14 (C) the Committee on the Judiciary of the 

15 House of Representatives; and 

16 (D) the Committee on Foreign Affairs of 

17 the House of Representatives. 

18 (b) ADDITIONAL OFFICERS.—The Secretary shall use 

19 machine readable nonimmigrant visa fees to hire a suffi20 cient number of Foreign Service officers and limited non21 career appointment consular officers to continuously meet 

22 and maintain the standards set forth in subsection (a). 

23 (c) QUARTERLY REPORT.—Not later than 30 days 

24 after the end of the first full quarter after the implementa25 tion of subsection (a), and not later than 30 days after 


pwalker on DSK7TPTVN1PROD with BILLS
23 

•S 2233 IS

1 the end of each subsequent quarter, the Secretary shall 

2 submit a report to the congressional committees set forth 

3 in subsection (a)(2) that identifies— 

4 (1) each consular post that failed to comply 

5 with the standards set forth in subsection (a) during 

6 such quarter; 

7 (2) the cause for such noncompliance; and 

8 (3) reforms that the Secretary will be imple9 ment to comply with such standards. 

10 (d) WAIVER.— 

11 (1) IN GENERAL.—The provisions under sub12 section (a) shall be temporarily waived if a national 

13 security emergency requires the Secretary of State 

14 to redistribute personnel and resources to assist the 

15 affected and surrounding areas. 

16 (2) REINSTATEMENT.— 

17 (A) IN GENERAL.—Except as provided in 

18 subparagraph (B), the provisions under sub19 section (a) shall be reinstated not later than 1 

20 year after the national security emergency ends. 

21 (B) NONCOMPLIANCE REPORT.—If the 

22 provisions under subsection (a) are not rein23 stated by the deadline described in subpara24 graph (A), the Secretary of State shall submit 

25 a report to the Committee on Foreign Relations 


pwalker on DSK7TPTVN1PROD with BILLS
24 

•S 2233 IS

1 of the Senate and the Committee on Foreign 

2 Affairs of the House of Representatives that— 

3 (i) describes the cause for noncompli4 ance with the provisions under subsection 

5 (a); and 

6 (ii) includes a detailed timeframe for 

7 compliance with such provisions. 

8 (e) SAVINGS PROVISION.— 

9 (1) IN GENERAL.—Nothing in subsection (a) 

10 may be construed to affect the consular officer’s au11 thority— 

12 (A) to deny a visa application under sec13 tion 221(g) of the Immigration and Nationality 

14 Act (8 U.S.C. 1201(g)); or 

15 (B) to initiate any necessary or appro16 priate security-related check or clearance. 

17 (2) SECURITY CHECKS.—The completion of a 

18 security-related check or clearance shall not be sub19 ject to the time limits set forth in subsection (a). 

20 (f) EFFECTIVE DATE.—Beginning not later than 90 

21 days after the date of the enactment of this Act, the Sec22 retary shall be in full compliance with the provisions under 

23 subsection (a)(1). 

Æ 


pwalker on DSK7TPTVN1PROD with BILLS