II 

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. 

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 TITLES. 

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

5 through Launching Travel Act of 2012’’ or the ‘‘JOLT 

6 Act of 2012’’. 


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1 SEC. 2. PREMIUM PROCESSING. 

2 Section 221 of the Immigration and Nationality Act 

3 (8 U.S.C. 1201) is amended by inserting at the end the 

4 following: 

5 ‘‘(j) PREMIUM PROCESSING.— 

6 ‘‘(1) PILOT PROCESSING SERVICE.—Recog7 nizing that the best solution for expedited processing 

8 is low interview wait times for all applicants, the 

9 Secretary of State shall nevertheless establish, on a 

10 limited, pilot basis only, a fee-based premium proc11 essing service to expedite interview appointments. In 

12 establishing a pilot processing service, the Secretary 

13 may— 

14 ‘‘(A) determine the consular posts at which 

15 the pilot service will be available; 

16 ‘‘(B) establish the duration of the pilot 

17 service; 

18 ‘‘(C) define the terms and conditions of the 

19 pilot service, with the goal of expediting visa 

20 appointments and the interview process for 

21 those electing to pay said fee for the service; 

22 and 

23 ‘‘(D) resources permitting, during the pilot 

24 service, consider the addition of consulates in 

25 locations advantageous to foreign policy objec26 tives or in highly populated locales. 


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1 ‘‘(2) FEES.— 

2 ‘‘(A) AUTHORITY TO COLLECT.—The Sec3 retary of State is authorized to collect, and set 

4 the amount of, a fee imposed for the premium 

5 processing service. The Secretary of State shall 

6 set the fee based on all relevant considerations 

7 including, the cost of expedited service. 

8 ‘‘(B) USE OF FEES.—Fees collected under 

9 the authority of subparagraph (A) shall be de10 posited as an offsetting collection to any De11 partment of State appropriation, to recover the 

12 costs of providing consular services. Such fees 

13 shall remain available for obligation until ex14 pended. 

15 ‘‘(C) RELATIONSHIP TO OTHER FEES.— 

16 Such fee is in addition to any existing fee cur17 rently being collected by the Department of 

18 State. 

19 ‘‘(D) NON-REFUNDABLE.—Such fee will be 

20 non-refundable to the applicant. 

21 ‘‘(3) DESCRIPTION OF PREMIUM PROC22 ESSING.—Premium processing pertains solely to the 

23 expedited scheduling of a visa interview. Utilizing 

24 the premium processing service for an expedited 

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1 cant’s eligibility for a visa. The Secretary of State 

2 shall, if possible, inform applicants utilizing the pre3 mium processing of potential delays in visa issuance 

4 due to additional screening requirements, including 

5 necessary security-related checks and clearances. 

6 ‘‘(4) REPORT TO CONGRESS.— 

7 ‘‘(A) REQUIREMENT FOR REPORT.—Not 

8 later than 18 months after the date of the en9 actment of the JOLT Act of 2012, the Sec10 retary of State shall submit to the appropriate 

11 committees of Congress a report on the results 

12 of the pilot service carried out under this sec13 tion. 

14 ‘‘(B) APPROPRIATE COMMITTEES OF CON15 GRESS DEFINED.—In this paragraph, the term 

16 ‘appropriate committees of Congress’ means— 

17 ‘‘(i) the Committee on the Judiciary, 

18 the Committee on Foreign Relations, and 

19 the Committee on Appropriations of the 

20 Senate; and 

21 ‘‘(ii) the Committee on the Judiciary, 

22 the Committee on Foreign Affairs, and the 

23 Committee on Appropriations of the House 

24 of Representatives.’’. 


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1 SEC. 3. ENCOURAGING CANADIAN TOURISM TO THE 

2 UNITED STATES. 

3 Section 214 of the Immigration and Nationality Act 

4 (8 U.S.C. 1184) is amended by adding at the end the fol5 lowing: 

6 ‘‘(s) CANADIAN RETIREES.— 

7 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

8 Security may admit as a visitor for pleasure as de9 scribed in section 101(a)(15)(B) any alien for a pe10 riod not to exceed 240 days, if the alien dem11 onstrates, to the satisfaction of the Secretary, that 

12 the alien— 

13 ‘‘(A) is a citizen of Canada; 

14 ‘‘(B) is at least 50 years of age; 

15 ‘‘(C) maintains a residence in Canada; 

16 ‘‘(D) owns a residence in the United States 

17 or has signed a rental agreement for accom18 modations in the United States for the duration 

19 of the alien’s stay in the United States; 

20 ‘‘(E) is not inadmissible under section 212; 

21 ‘‘(F) is not described in any ground of de22 portability under section 237; 

23 ‘‘(G) will not engage in employment or 

24 labor for hire in the United States; and 

25 ‘‘(H) will not seek any form of assistance 

26 or benefit described in section 403(a) of the 


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1 Personal Responsibility and Work Opportunity 

2 Reconciliation Act of 1996 (8 U.S.C. 1613(a)). 

3 ‘‘(2) SPOUSE.—The spouse of an alien de4 scribed in paragraph (1) may be admitted under the 

5 same terms as the principal alien if the spouse satis6 fies the requirements of paragraph (1), other than 

7 subparagraph (D). 

8 ‘‘(3) IMMIGRANT INTENT.—In determining eli9 gibility for admission under this subsection, mainte10 nance of a residence in the United States shall not 

11 be considered evidence of intent by the alien to 

12 abandon the alien’s residence in Canada. 

13 ‘‘(4) PERIOD OF ADMISSION.—During any sin14 gle 365-day period, an alien may be admitted as de15 scribed in section 101(a)(15)(B) pursuant to this 

16 subsection for a period not to exceed 240 days, be17 ginning on the date of admission. Periods of time 

18 spent outside the United States during such 240-day 

19 period shall not toll the expiration of such 240-day 

20 period.’’. 

21 SEC. 4. INCENTIVES FOR FOREIGN VISITORS VISITING THE 

22 UNITED STATES DURING LOW PEAK SEA23 SONS. 

24 The Secretary of State shall make publically avail25 able, on a monthly basis, historical data, for the previous 


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1 2 years, regarding the availability of visa appointments for 

2 each visa processing post, to allow applicants to identify 

3 periods of low demand, when wait times tend to be lower. 

4 SEC. 5. VISA WAIVER PROGRAM ENHANCED SECURITY AND 

5 REFORM. 

6 (a) DEFINITIONS.—Section 217(c)(1) of the Immi7 gration and Nationality Act (8 U.S.C. 1187(c)(1)) is 

8 amended to read as follows: 

9 ‘‘(1) AUTHORITY TO DESIGNATE; DEFINI10 TIONS.— 

11 ‘‘(A) AUTHORITY TO DESIGNATE.—The 

12 Secretary of Homeland Security, in consultation 

13 with the Secretary of State, may designate any 

14 country as a program country if that country 

15 meets the requirements under paragraph (2). 

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

17 ‘‘(i) APPROPRIATE CONGRESSIONAL

18 COMMITTEES.—The term ‘appropriate con19 gressional committees’ means— 

20 ‘‘(I) the Committee on Foreign 

21 Relations, the Committee on Home22 land Security and Governmental Af23 fairs, and the Committee on the Judi24 ciary of the Senate; and 


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1 ‘‘(II) the Committee on Foreign 

2 Affairs, the Committee on Homeland 

3 Security, and the Committee on the 

4 Judiciary of the House of Representa5 tives. 

6 ‘‘(ii) OVERSTAY RATE.— 

7 ‘‘(I) INITIAL DESIGNATION.—The 

8 term ‘overstay rate’ means, with re9 spect to a country being considered 

10 for designation in the program, the 

11 ratio of— 

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

15 the basis of a nonimmigrant visa 

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

17 whose periods of authorized stay 

18 ended during a fiscal year but 

19 who remained unlawfully in the 

20 United States beyond such peri21 ods; to 

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

25 the basis of a nonimmigrant visa 


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

2 whose periods of authorized stay 

3 ended during that fiscal year. 

4 ‘‘(II) CONTINUING DESIGNA5 TION.—The term ‘overstay rate’ 

6 means, for each fiscal year after ini7 tial designation under this section 

8 with respect to a country, the ratio 

9 of— 

10 ‘‘(aa) the number of nation11 als of that country who were ad12 mitted to the United States 

13 under this section or on the basis 

14 of a nonimmigrant visa under 

15 section 101(a)(15)(B) whose pe16 riods of authorized stay ended 

17 during a fiscal year but who re18 mained unlawfully in the United 

19 States beyond such periods; to 

20 ‘‘(bb) the number of nation21 als of that country who were ad22 mitted to the United States 

23 under this section or on the basis 

24 of a nonimmigrant visa under 

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1 riods of authorized stay ended 

2 during that fiscal year. 

3 ‘‘(III) COMPUTATION OF OVER4 STAY RATE.—In determining the over5 stay rate for a country, the Secretary 

6 of Homeland Security may utilize in7 formation from any available data8 bases to ensure the accuracy of such 

9 rate. 

10 ‘‘(iii) PROGRAM COUNTRY.—The term 

11 ‘program country’ means a country des12 ignated as a program country under sub13 paragraph (A).’’. 

14 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

15 Section 217 of the Immigration and Nationality Act (8 

16 U.S.C. 1187) is amended— 

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

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

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

20 and 

21 (2) in subsection (c)— 

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

23 ‘‘Committee on the Judiciary and the Com24 mittee on International Relations of the House 

25 of Representatives and the Committee on the 


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1 Judiciary and the Committee on Foreign Rela2 tions of the Senate’’ and inserting ‘‘appropriate 

3 congressional committees’’; 

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

5 ‘‘Committee on the Judiciary, the Committee on 

6 Foreign Affairs, and the Committee on Home7 land Security, of the House of Representatives 

8 and the Committee on the Judiciary, the Com9 mittee on Foreign Relations, and the Com10 mittee on Homeland Security and Govern11 mental Affairs of the Senate’’ and inserting 

12 ‘‘appropriate congressional committees’’; and 

13 (C) in paragraph (7), by striking subpara14 graph (E). 

15 (c) DESIGNATION OF PROGRAM COUNTRIES BASED

16 ON OVERSTAY RATES.— 

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

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

19 1187(c)(2)(A)) is amended to read as follows: 

20 ‘‘(A) GENERAL NUMERICAL LIMITA21 TIONS.— 

22 ‘‘(i) LOW NONIMMIGRANT VISA RE23 FUSAL RATE.—The percentage of nationals 

24 of that country refused nonimmigrant visas 

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


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1 previous full fiscal year was not more than 

2 3 percent of the total number of nationals 

3 of that country who were granted or re4 fused nonimmigrant visas under such sec5 tion during such year. 

6 ‘‘(ii) LOW NONIMMIGRANT OVERSTAY

7 RATE.—The overstay rate for that country 

8 was not more than 3 percent during the 

9 previous fiscal year.’’. 

10 (2) QUALIFICATION CRITERIA.—Section 

11 217(c)(3) of such Act (8 U.S.C. 1187(c)(3)) is 

12 amended to read as follows: 

13 ‘‘(3) QUALIFICATION CRITERIA.—After designa14 tion as a program country under section 217(c)(2), 

15 a country may not continue to be designated as a 

16 program country unless the Secretary of Homeland 

17 Security, in consultation with the Secretary of State, 

18 determines, pursuant to the requirements under 

19 paragraph (5), that the designation will be contin20 ued.’’. 

21 (3) INITIAL PERIOD.—Section 217(c) is further 

22 amended by striking subsection (c)(4). 

23 (4) CONTINUING DESIGNATION.—Section 

24 217(c)(5)(A)(i)(II) of such Act (8 U.S.C. 

25 1187(c)(5)(A)(i)(II)) is amended to read as follows: 


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1 ‘‘(II) shall determine, 

2 based upon the evaluation in 

3 subclause (I), whether any 

4 such designation under sub5 section (d) or (f), or proba6 tion under subsection (f), 

7 ought to be continued or ter8 minated;’’. 

9 (5) COMPUTATION OF VISA REFUSAL RATES; 

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

11 (8 U.S.C. 1187(c)(6)) is amended to read as follows: 

12 ‘‘(6) COMPUTATION OF VISA REFUSAL RATES

13 AND JUDICIAL REVIEW.— 

14 ‘‘(A) COMPUTATION OF VISA REFUSAL

15 RATES.—For purposes of determining the eligi16 bility of a country to be designated as a pro17 gram country, the calculation of visa refusal 

18 rates shall not include any visa refusals which 

19 incorporate any procedures based on, or are 

20 otherwise based on, race, sex, or disability, un21 less otherwise specifically authorized by law or 

22 regulation. 

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

24 have jurisdiction under this section to review 

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1 putation of a visa refusal rate, the Secretary of 

2 Homeland Security’s computation of an over3 stay rate, or the designation or nondesignation 

4 of a country as a program country.’’. 

5 (6) VISA WAIVER INFORMATION.—Section 

6 217(c)(7) of such Act (8 U.S.C. 1187(c)(7)) is 

7 amended— 

8 (A) by striking subparagraphs (B) through 

9 (D); and 

10 (B) by striking ‘‘WAIVER INFORMATION.— 

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

12 and inserting ‘‘WAIVER INFORMATION.—In re13 fusing’’. 

14 (7) WAIVER AUTHORITY.—Section 217(c)(8) of 

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

16 as follows: 

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

18 Homeland Security, in consultation with the Sec19 retary of State, may waive the application of para20 graph (2)(A)(i) for a country if— 

21 ‘‘(A) the country meets all other require22 ments of paragraph (2); 

23 ‘‘(B) the Secretary of Homeland Security 

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1 ance that the country’s participation in the pro2 gram would not compromise the law enforce3 ment, security interests, or enforcement of the 

4 immigration laws of the United States; 

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

6 trend in the percentage of nationals of the 

7 country refused nonimmigrant visas under sec8 tion 101(a)(15)(B); 

9 ‘‘(D) the country consistently cooperated 

10 with the Government of the United States on 

11 counterterrorism initiatives, information shar12 ing, preventing terrorist travel, and extradition 

13 to the United States of individuals (including 

14 the country’s own nationals) who commit 

15 crimes that violate United States law before the 

16 date of its designation as a program country, 

17 and the Secretary of Homeland Security and 

18 the Secretary of State assess that such coopera19 tion is likely to continue; and 

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

21 country refused a nonimmigrant visa under sec22 tion 101(a)(15)(B) during the previous full fis23 cal year was not more than 10 percent of the 

24 total number of nationals of that country who 


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1 were granted or refused such nonimmigrant 

2 visas.’’. 

3 (d) TERMINATION OF DESIGNATION; PROBATION.— 

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

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

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

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

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

9 ‘probationary period’ means the fiscal year in 

10 which a probationary country is placed in pro11 bationary status under this subsection. 

12 ‘‘(B) PROGRAM COUNTRY.—The term ‘pro13 gram country’ has the meaning given that term 

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

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

16 PROBATIONARY PERIOD.— 

17 ‘‘(A) DETERMINATION OF PROBATIONARY

18 STATUS AND NOTICE OF NONCOMPLIANCE.—As 

19 part of each program country’s periodic evalua20 tion required by subsection (c)(5)(A), the Sec21 retary of Homeland Security shall determine 

22 whether a program country is in compliance 

23 with the program requirements under subpara24 graphs (A)(ii) through (F) of subsection (c)(2). 


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

2 the Secretary of Homeland Security determines 

3 that a program country is not in compliance 

4 with the program requirements under subpara5 graphs (A)(ii) through (F) of subsection (c)(2), 

6 the Secretary of Homeland Security shall place 

7 the program country in probationary status for 

8 the fiscal year following the fiscal year in which 

9 the periodic evaluation is completed. 

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

11 PROBATIONARY PERIOD.—At the end of the initial 

12 probationary period of a country under paragraph 

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

14 take 1 of the following actions: 

15 ‘‘(A) COMPLIANCE DURING INITIAL PROBA16 TIONARY PERIOD.—If the Secretary determines 

17 that all instances of noncompliance with the 

18 program requirements under subparagraphs 

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

20 were identified in the latest periodic evaluation 

21 have been remedied by the end of the initial 

22 probationary period, the Secretary shall end the 

23 country’s probationary period. 

24 ‘‘(B) NONCOMPLIANCE DURING INITIAL

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1 termines that any instance of noncompliance 

2 with the program requirements under subpara3 graphs (A)(ii) through (F) of subsection (c)(2) 

4 that were identified in the latest periodic eval5 uation has not been remedied by the end of the 

6 initial probationary period— 

7 ‘‘(i) the Secretary may terminate the 

8 country’s participation in the program; or 

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

10 may continue the country’s probationary 

11 status if the Secretary, in consultation 

12 with the Secretary of State, determines 

13 that the country’s continued participation 

14 in the program is in the national interest 

15 of the United States. 

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

17 PROBATIONARY PERIODS.—At the end of all proba18 tionary periods granted to a country pursuant to 

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

20 the following actions: 

21 ‘‘(A) COMPLIANCE DURING ADDITIONAL

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

23 probationary status if the Secretary determines 

24 during the latest periodic evaluation required by 

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1 pliance with the program requirements under 

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

3 (c)(2). 

4 ‘‘(B) NONCOMPLIANCE DURING ADDI5 TIONAL PERIODS.—The Secretary shall termi6 nate the country’s participation in the program 

7 if the Secretary determines during the latest 

8 periodic evaluation required by subsection 

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

10 be in non-compliance with the program require11 ments under subparagraphs (A)(ii) through (F) 

12 of subsection (c)(2). 

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

14 country’s participation in the program under para15 graph (3)(B) or (4)(B) shall take effect on the first 

16 day of the first fiscal year following the fiscal year 

17 in which the Secretary determines that such partici18 pation shall be terminated. Until such date, nation19 als of the country shall remain eligible for a waiver 

20 under subsection (a). 

21 ‘‘(6) TREATMENT OF NATIONALS AFTER TERMI22 NATION.—For purposes of this subsection and sub23 section (d)— 

24 ‘‘(A) nationals of a country whose designa25 tion is terminated under paragraph (3) or (4) 


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1 shall remain eligible for a waiver under sub2 section (a) until the effective date of such ter3 mination; and 

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

5 provided to such a national for a period de6 scribed in subsection (a)(1) shall not, by such 

7 termination, be deemed to have been rescinded 

8 or otherwise rendered invalid, if the waiver is 

9 granted prior to such termination. 

10 ‘‘(7) CONSULTATIVE ROLE OF THE SECRETARY

11 OF STATE.—In this subsection, references to sub12 paragraphs (A)(ii) through (F) of subsection (c)(2) 

13 and subsection (c)(5)(A) carry with them the con14 sultative role of the Secretary of State as provided 

15 in those provisions.’’. 

16 (e) REVIEW OF OVERSTAY TRACKING METHOD17 OLOGY.—Not later than 180 days after the date of the 

18 enactment of this Act, the Comptroller General of the 

19 United States shall conduct a review of the methods used 

20 by the Secretary of Homeland Security— 

21 (1) to track aliens entering and exiting the 

22 United States; and 

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

24 than such alien’s period of authorized admission. 


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1 (f) EVALUATION OF ELECTRONIC SYSTEM FOR

2 TRAVEL AUTHORIZATION.—Not later than 90 days after 

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

4 Homeland Security shall submit to Congress— 

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

6 who enter the United States without an approved 

7 Electronic System for Travel Authorization 

8 verification; and 

9 (2) a description of any improvements needed 

10 to minimize the number of aliens who enter the 

11 United States without the verification described in 

12 paragraph (1). 

13 (g) SENSE OF CONGRESS ON PRIORITY FOR REVIEW

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

15 that the Secretary of Homeland Security, in the process 

16 of conducting evaluations of countries participating in the 

17 visa waiver program under section 217 of the Immigration 

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

19 reviews of countries in which circumstances indicate that 

20 such a review is necessary or desirable. 

21 SEC. 6. EXPEDITING ENTRY FOR PRIORITY VISITORS. 

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

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

24 is amended to read as follows: 


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1 ‘‘(4) EXPEDITING ENTRY FOR PRIORITY VISI2 TORS.— 

3 ‘‘(A) IN GENERAL.—The Secretary of 

4 Homeland Security may expand the enrollment 

5 across registered traveler programs to include 

6 eligible individuals employed by international 

7 organizations, selected by the Secretary, which 

8 maintain strong working relationships with the 

9 United States. 

10 ‘‘(B) REQUIREMENTS.—An individual may 

11 not be enrolled in a registered traveler program 

12 unless— 

13 ‘‘(i) the individual is sponsored by an 

14 international organization selected by the 

15 Secretary under subparagraph (A); and 

16 ‘‘(ii) the government that issued the 

17 passport that the individual is using has 

18 entered into a Trusted Traveler Arrange19 ment with the Department of Homeland 

20 Security to participate in a registered trav21 eler program. 

22 ‘‘(C) SECURITY REQUIREMENTS.—An indi23 vidual may not be enrolled in a registered trav24 eler program unless the individual has success25 fully completed all applicable security requireVerDate Mar 15 2010 03:09 May 18, 2012 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S3199.IS S3199

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1 ments established by the Secretary, including 

2 cooperation from the applicable foreign govern3 ment, to ensure that the individual does not 

4 pose a risk to the United States. 

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

6 subparagraph (E), the Secretary shall retain 

7 unreviewable discretion to offer or revoke en8 rollment in a registered traveler program to any 

9 individual. 

10 ‘‘(E) INELIGIBLE TRAVELERS.—An indi11 vidual who is a citizen of a state sponsor of ter12 rorism (as defined in section 301(13) of the 

13 Comprehensive Iran Sanctions, Accountability, 

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

15 8541(13)) may not be enrolled in a registered 

16 traveler program.’’. 

17 SEC. 7. VISA PROCESSING. 

18 (a) IN GENERAL.—Notwithstanding any other provi19 sion of law and not later than 90 days after the date of 

20 the enactment of this Act, the Secretary of State shall— 

21 (1) require United States diplomatic and con22 sular missions— 

23 (A) to conduct visa interviews for non24 immigrant visa applications determined to re25 quire a consular interview in an expeditious 


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1 manner, consistent with national security re2 quirements, and in recognition of resource allo3 cation considerations, such as the need to en4 sure provision of consular services to citizens of 

5 the United States; 

6 (B) to set a goal of interviewing 80 percent 

7 of all nonimmigrant visa applicants, worldwide, 

8 within 3 weeks of receipt of application, subject 

9 to the conditions outlined in subparagraph (A); 

10 and 

11 (C) to explore expanding visa processing 

12 capacity in China and Brazil, with the goal of 

13 maintaining interview wait times under 15 work 

14 days on a consistent, year-round basis, recog15 nizing that demand can spike suddenly and un16 predictably and that the first priority of United 

17 States missions abroad is the protection of citi18 zens of the United States; and 

19 (2) submit to the appropriate committees of 

20 Congress a detailed strategic plan that describes the 

21 resources needed to carry out paragraph (1)(A). 

22 (b) APPROPRIATE COMMITTEES OF CONGRESS.—In 

23 this section, the term ‘‘appropriate committees of Con24 gress’’ means— 


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1 (1) the Committee on the Judiciary, the Com2 mittee on Foreign Relations, and the Committee on 

3 Appropriations of the Senate; and 

4 (2) the Committee on the Judiciary, the Com5 mittee on Foreign Affairs, and the Committee on 

6 Appropriations of the House of Representatives. 

7 (c) SEMI-ANNUAL REPORT.—Not later than 30 days 

8 after the end of the first 6 months after the implementa9 tion of subsection (a), and not later than 30 days after 

10 the end of each subsequent quarter, the Secretary of State 

11 shall submit to the appropriate committees of Congress 

12 a report that provides— 

13 (1) data substantiating the efforts of the Sec14 retary of State to meet the requirements and goals 

15 described in subsection (a); 

16 (2) any factors that have negatively impacted 

17 the efforts of the Secretary to meet such require18 ments and goals; and 

19 (3) any measures that the Secretary plans to 

20 implement to meet such requirements and goals. 

21 (d) SAVINGS PROVISION.— 

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

23 may be construed to affect a consular officer’s au24 thority— 


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1 (A) to deny a visa application under sec2 tion 221(g) of the Immigration and Nationality 

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

4 (B) to initiate any necessary or appro5 priate security-related check or clearance. 

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

7 security-related check or clearance shall not be sub8 ject to the time limits set out in subsection (a). 

9 (e) EFFECTIVE PERIOD.—This section shall cease to 

10 have effect on September 30, 2015. 

Æ 


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