I 
114TH CONGRESS 
1ST SESSION H. R. 1401 
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 17, 2015 
Mr. HECK of Nevada (for himself and Mr. QUIGLEY) 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 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 2015’’ or the ‘‘JOLT 
Act of 2015’’. 
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SEC. 
2. 
ENCOURAGING 
CANADIAN 
TOURISM 
TO 
THE 
UNITED STATES. 
Section 214 of the Immigration and Nationality Act 
(8 U.S.C. 1184) is amended by adding at the end the fol-
lowing: 
‘‘(s) CANADIAN RETIREES.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security may admit as a visitor for pleasure as de-
scribed in section 101(a)(15)(B) any alien for a pe-
riod not to exceed 240 days, if the alien dem-
onstrates, 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 accom-
modations 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 de-
portability 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 
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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. 3. SECURE TRAVEL PARTNERSHIP PROGRAM EN-
HANCED 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: 
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‘‘(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 
Congressional 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 
‘‘(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 
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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 
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— 
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‘‘(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-
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. 
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‘‘(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 
Judiciary and the Committee on Foreign Rela-
tions 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 Home-
land Security, of the House of Representatives 
and the Committee on the Judiciary, the Com-
mittee on Foreign Relations, and the Com-
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mittee on Homeland Security and Govern-
mental Affairs of the Senate’’ and inserting 
‘‘appropriate congressional committees’’; and 
(C) in paragraph (7), by striking subpara-
graph (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
LIMITA-
TIONS.— 
‘‘(i) LOW
NONIMMIGRANT
VISA
RE-
FUSAL 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 re-
fused nonimmigrant visas under such sec-
tion 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.’’. 
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(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 designa-
tion 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 contin-
ued.’’. 
(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 sub-
section (d) or (f), or proba-
tion under subsection (f), 
ought to be continued or ter-
minated;’’. 
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(5) REPORT.—Section 217(c)(5)(A)(i) of such 
Act (8 U.S.C. 1187(c)(5)(A)(i) is further amend-
ed— 
(A) in subclause (III), by striking ‘‘and’’ at 
the end; 
(B) in subclause (IV), by striking the pe-
riod at the end and inserting ‘‘; and’’ ; and 
(C) by adding after subclause (IV) the fol-
lowing new subclause: 
‘‘(V) shall submit to Congress a 
report regarding the security param-
eters described in paragraph (9).’’. 
(6) COMPUTATION
OF
VISA
REFUSAL
RATES; 
JUDICIAL REVIEW.—Section 217(c)(6) of such Act 
(8 U.S.C. 1187(c)(6)) is amended to read as follows: 
‘‘(6) COMPUTATION OF VISA REFUSAL RATES 
AND JUDICIAL REVIEW.— 
‘‘(A) COMPUTATION
OF
VISA
REFUSAL 
RATES.—For purposes of determining the eligi-
bility of a country to be designated as a pro-
gram 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, un-
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less 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 com-
putation of a visa refusal rate, the Secretary of 
Homeland Security’s computation of an over-
stay rate, or the designation or nondesignation 
of a country as a program country.’’. 
(7) 
VISA
WAIVER
INFORMATION.—Section 
217(c)(7) of such Act (8 U.S.C. 1187(c)(7)) is 
amended— 
(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 re-
fusing’’. 
(8) WAIVER AUTHORITY.—Section 217(c)(8) of 
such Act (8 U.S.C. 1187(c)(8)) is amended to read 
as follows: 
‘‘(8) WAIVER
AUTHORITY.—The Secretary of 
Homeland Security, in consultation with the Sec-
retary of State, may waive the application of para-
graph (2)(A)(i) for a country if— 
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‘‘(A) the country meets all other require-
ments of paragraph (2); 
‘‘(B) the Secretary of Homeland Security 
determines that the totality of the country’s se-
curity risk mitigation measures provide assur-
ance that the country’s participation in the pro-
gram would not compromise the law enforce-
ment, 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 sec-
tion 101(a)(15)(B); 
‘‘(D) the country consistently cooperated 
with the Government of the United States on 
counterterrorism initiatives, information shar-
ing, 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 coopera-
tion is likely to continue; and 
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‘‘(E) the percentage of nationals of the 
country refused a nonimmigrant visa under sec-
tion 101(a)(15)(B) during the previous full fis-
cal 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 pro-
bationary status under this subsection. 
‘‘(B) PROGRAM COUNTRY.—The term ‘pro-
gram 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 evalua-
tion required by subsection (c)(5)(A), the Sec-
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retary of Homeland Security shall determine 
whether a program country is in compliance 
with the program requirements under subpara-
graphs (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 subpara-
graphs (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 PROBA-
TIONARY 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 
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probationary period, the Secretary shall end the 
country’s probationary period. 
‘‘(B) NONCOMPLIANCE
DURING
INITIAL 
PROBATIONARY PERIOD.—If the Secretary de-
termines that any instance of noncompliance 
with the program requirements under subpara-
graphs (A)(ii) through (F) of subsection (c)(2) 
that were identified in the latest periodic eval-
uation 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 proba-
tionary periods granted to a country pursuant to 
paragraph (3)(B)(ii), the Secretary shall take one of 
the following actions: 
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‘‘(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 com-
pliance with the program requirements under 
subparagraphs (A)(ii) through (F) of subsection 
(c)(2). 
‘‘(B) 
NONCOMPLIANCE
DURING
ADDI-
TIONAL PERIODS.—The Secretary shall termi-
nate 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 require-
ments under subparagraphs (A)(ii) through (F) 
of subsection (c)(2). 
‘‘(5) EFFECTIVE DATE.—The termination of a 
country’s participation in the program under para-
graph (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 partici-
pation shall be terminated. Until such date, nation-
als of the country shall remain eligible for a waiver 
under subsection (a). 
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‘‘(6) TREATMENT OF NATIONALS AFTER TERMI-
NATION.—For purposes of this subsection and sub-
section (d)— 
‘‘(A) nationals of a country whose designa-
tion is terminated under paragraph (3) or (4) 
shall remain eligible for a waiver under sub-
section (a) until the effective date of such ter-
mination; and 
‘‘(B) a waiver under this section that is 
provided to such a national for a period de-
scribed 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 sub-
paragraphs (A)(ii) through (F) of subsection (c)(2) 
and subsection (c)(5)(A) carry with them the con-
sultative role of the Secretary of State as provided 
in those provisions.’’. 
(e) REVIEW
OF OVERSTAY TRACKING METHOD-
OLOGY.—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— 
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(1) to track aliens entering and exiting the 
United States; and 
(2) to detect any such alien who stays longer 
than such alien’s period of authorized admission. 
(f) SENSE OF CONGRESS ON NONIMMIGRANT OVER-
STAY RATES.—It is the sense of Congress that the Sec-
retary of Homeland Security has not complied with the 
requirements under section 2 of Public Law 105–173 (8 
U.S.C. 1376) relating to the collection of data and the 
submission of reports to Congress on nonimmigrant visa 
overstay rates, and that the Secretary should collect such 
data, and submit such reports as are required by that sec-
tion. 
(g) 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, in consultation with the Secretary of 
State, shall submit to Congress an evaluation of the auto-
mated electronic travel authorization system (commonly 
referred to as the ‘‘Electronic System for Travel Author-
ization)’’ under paragraph (3) of section 217(h) of the Im-
migration and Nationality Act (8 U.S.C. 1187(h)), which 
shall include— 
(1) an evaluation of the security risks of aliens 
who enter the United States without an approved 
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Electronic 
System 
for 
Travel 
Authorization 
verification; and 
(2) an evaluation of any improvements needed 
to strengthen the Electronic System for Travel Au-
thorization, including technological enhancements to 
ensure efficient, accurate, and comprehensive vetting 
of aliens seeking to travel to the United States 
against all relevant United States Government data-
bases. 
(h) 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 
secure travel partnership program under section 217 of 
the Immigration and Nationality Act (8 U.S.C. 1187), 
should prioritize the reviews of countries in which cir-
cumstances indicate that such a review is necessary or de-
sirable. 
SEC. 4. VISA PROCESSING. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion 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 con-
sular missions to conduct visa interviews for non-
immigrant visa applications determined to require a 
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consular interview in an expeditious manner, con-
sistent 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 condi-
tions 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 Con-
gress 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 im-
pacted the efforts of the Secretary to meet such 
requirements and goals; and 
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(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 appro-
priate committees of the Congress a strategic plan 
that describes the resources needed to carry out sub-
section (a), including a 10-year forecast of demand 
for nonimmigrant visas in the key high-growth mar-
kets, 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 method-
ology utilizes the Department of Com-
merce’s analysis of visitor arrival projec-
tions; 
(B) a comparison of the Department of 
State’s nonimmigrant visa demand projections 
and the Department of Commerce’s visitor ar-
rival projections by country; and 
(C) a description of the practices and pro-
cedures currently used by each United States 
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