I 
112TH CONGRESS 
2D SESSION 
H. R. 5741 
To amend the Immigration and Nationality Act to stimulate international 
tourism to the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 15, 2012 
Mr. HECK (for himself, Mr. QUIGLEY, and Mr. CHABOT) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committee on Homeland Security, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLES. 
This Act may be cited as the ‘‘Jobs Originated 
through Launching Travel Act of 2012’’ or the ‘‘JOLT 
Act of 2012’’. 
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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.—Recog-
nizing 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 proc-
essing 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 objec-
tives or in highly populated locales. 
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‘‘(2) FEES.— 
‘‘(A) AUTHORITY TO COLLECT.—The Sec-
retary 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 de-
posited as an offsetting collection to any De-
partment of State appropriation, to recover the 
costs of providing consular services. Such fees 
shall remain available for obligation until ex-
pended. 
‘‘(C) RELATIONSHIP
TO
OTHER
FEES.— 
Such fee is in addition to any existing fee cur-
rently being collected by the Department of 
State. 
‘‘(D) NON-REFUNDABLE.—Such fee will be 
non-refundable to the applicant. 
‘‘(3) 
DESCRIPTION
OF
PREMIUM
PROC-
ESSING.—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 appli-
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cant’s eligibility for a visa. The Secretary of State 
shall, if possible, inform applicants utilizing the pre-
mium 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 en-
actment of the JOLT Act of 2012, the Sec-
retary of State shall submit to the appropriate 
committees of Congress a report on the results 
of the pilot service carried out under this sec-
tion. 
‘‘(B) APPROPRIATE COMMITTEES OF CON-
GRESS 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.’’. 
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Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1613(a)). 
‘‘(2) SPOUSE.—The spouse of an alien de-
scribed in paragraph (1) may be admitted under the 
same terms as the principal alien if the spouse satis-
fies the requirements of paragraph (1), other than 
subparagraph (D). 
‘‘(3) IMMIGRANT INTENT.—In determining eli-
gibility for admission under this subsection, mainte-
nance 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 sin-
gle 365-day period, an alien may be admitted as de-
scribed in section 101(a)(15)(B) pursuant to this 
subsection for a period not to exceed 240 days, be-
ginning 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 SEA-
SONS. 
The Secretary of State shall make publically avail-
able, on a monthly basis, historical data, for the previous 
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2 years, regarding the availability of visa appointments for 
each visa processing post, to allow applicants to identify 
periods of low demand, when wait times tend to be lower. 
SEC. 5. VISA WAIVER PROGRAM ENHANCED SECURITY AND 
REFORM. 
(a) DEFINITIONS.—Section 217(c)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1187(c)(1)) is 
amended to read as follows: 
‘‘(1) AUTHORITY
TO
DESIGNATE; 
DEFINI-
TIONS.— 
‘‘(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 con-
gressional committees’ means— 
‘‘(I) the Committee on Foreign 
Relations, the Committee on Home-
land Security and Governmental Af-
fairs, and the Committee on the Judi-
ciary of the Senate; and 
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‘‘(II) the Committee on Foreign 
Affairs, the Committee on Homeland 
Security, and the Committee on the 
Judiciary of the House of Representa-
tives. 
‘‘(ii) OVERSTAY RATE.— 
‘‘(I) INITIAL DESIGNATION.—The 
term ‘overstay rate’ means, with re-
spect to a country being considered 
for designation in the program, the 
ratio of— 
‘‘(aa) the number of nation-
als of that country who were ad-
mitted 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 peri-
ods; to 
‘‘(bb) the number of nation-
als of that country who were ad-
mitted to the United States on 
the basis of a nonimmigrant visa 
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under 
section 
101(a)(15)(B) 
whose periods of authorized stay 
ended during that fiscal year. 
‘‘(II) 
CONTINUING
DESIGNA-
TION.—The 
term 
‘overstay 
rate’ 
means, for each fiscal year after ini-
tial designation under this section 
with respect to a country, the ratio 
of— 
‘‘(aa) the number of nation-
als of that country who were ad-
mitted to the United States 
under this section or on the basis 
of a nonimmigrant visa under 
section 101(a)(15)(B) whose pe-
riods of authorized stay ended 
during a fiscal year but who re-
mained unlawfully in the United 
States beyond such periods; to 
‘‘(bb) the number of nation-
als of that country who were ad-
mitted to the United States 
under this section or on the basis 
of a nonimmigrant visa under 
section 101(a)(15)(B) whose pe-
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riods of authorized stay ended 
during that fiscal year. 
‘‘(III) COMPUTATION
OF
OVER-
STAY RATE.—In determining the over-
stay rate for a country, the Secretary 
of Homeland Security may utilize in-
formation from any available data-
bases to ensure the accuracy of such 
rate. 
‘‘(iii) PROGRAM COUNTRY.—The term 
‘program country’ means a country des-
ignated as a program country under sub-
paragraph (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 Com-
mittee on International Relations of the House 
of Representatives and the Committee on the 
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