,,ii #aadth ,,congress #ast ,session ,s4 #bjia ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bi1 #bjae,mr4 ,schumer 7for himself1 ,ms4 ,klobuchar1 ,mr4 ,heller1 ,mr4 ,lee1 ,mr4 ,coons1 ,mr4 ,blunt1 ,ms4 ,mikulski1 ,mr4 ,kirk1 ,mr4 ,franken1 ,mr4 ,gardner1 ,mr4 ,murphy1 ,mr4 ,schatz1 ,mrs4 ,gillibrand1 and ,mr4 ,peters7 introduced the following bill2 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 ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,jobs ,originated through ,launching ,travel ,act of #bjae or the ,,jolt ,act of #bjae4 #b4 ,encouraging ,canadian tourism to the ,united ,states ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7 is amended by adding at the end the following3 7s7 ,canadian retirees 7#a7 ,in general ,the ,secretary of ,homeland ,security may admit an alien as a visitor for pleasure 7as described in section #aja7;a77#ae77;,b77 for a period not to exceed #bdj days if the alien demonstrates1 to the satisfaction of the ,secretary1 that the alien-- 7,a7 is a citizen of ,canada2 7,b7 is at least #ej years of age2 7,c7 maintains a residence in ,canada2 7,d7 7i7 owns a residence in the ,united ,states2 or 7ii7 has signed a rental agreement for accommodations in the ,united ,states for the duration of the alien's stay in the ,united ,states2 7,e7 is not inadmissible under section #bab2 7,f7 is not described in any ground of deportability under section #bcg2 7,g7 will not engage in employment or labor for hire in the ,united ,states2 and 7,h7 will not seek any form of assistance or benefit described in section #djc7;a7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac7;a774 7#b7 ,spouse ,the spouse of an alien described in paragraph 7#a7 may be admitted under the same terms as the principal alien if the spouse satisfies the requirements under paragraph 7#a7 7other than subparagraph 7,d774 7#c7 ,immigrant intent ,in determining eligibility for admission under this subsection1 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 ,canada4 7#d7 ,period of admission ,during any single #cfe-;day period1 an alien described in section #aja7;a77#ae77;,b7 may be admitted pursuant to this subsection for a period not to exceed #bdj days1 beginning on the date of admission4 ,periods of time spent outside the ,united ,states during such #bdj-;day period shall not toll the expiration of such #bdj-;day period4 4 #c4 ,secure travel partnership program enhanced security and reform 7a7 ,definitions ,section #bag7;c77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;c77#a77 is amended to read as follows3 7#a7 ,authority to designate2 definitions 7,a7 ,authority to designate ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 may designate any country as a program country if that country meets the requirements under paragraph 7#b74 7,b7 ,definitions ,in this subsection3 7i7 ,appropriate congressional committees ,the term appropriate ,congressional ,committees means-- 7,i7 the ,committee on ,foreign ,relations of the ,senate2 7,,ii7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,,iii7 the ,committee on the ,judiciary of the ,senate2 7,,iv7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,v7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7,,vi7 the ,committee on the ,judiciary of the ,house of ,representatives4 7ii7 ,overstay rate 7,i7 ,initial designation ,the term overstay rate means1 with respect to a country being considered for designation in the program1 the ratio of-- 7aa7 the number of nationals of that country who were admitted to the ,united ,states on the basis of a nonimmigrant visa under section #aja7;a77#ae77;,b7 whose periods of authorized stay ended during a fiscal year but who remained unlawfully in the ,united ,states beyond such periods2 to 7bb7 the number of nationals of that country who were admitted to the ,united ,states on the basis of a nonimmigrant visa under section #aja7;a77#ae77;,b7 whose periods of authorized stay ended during that fiscal year4 7,,ii7 ,continuing designation ,the term overstay rate means1 for each fiscal year after initial designation under this section with respect to a country1 the ratio of-- 7aa7 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 #aja7;a77#ae77;,b7 whose periods of authorized stay ended during a fiscal year but who remained unlawfully in the ,united ,states beyond such periods2 to 7bb7 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 #aja7;a77#ae77;,b7 whose periods of authorized stay ended during that fiscal year4 7,,iii7 ,computation of overstay rate ,in determining the overstay rate for a country1 the ,secretary of ,homeland ,security may utilize information from any available databases to ensure the accuracy of such rate4 7iii7 ,program country ,the term program country means a country designated as a program country under subparagraph 7,a74 4 7b7 ,technical and conforming amendments ,section #bag of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7 is amended-- 7#a7 by striking ,attorney ,general each place the term appears 7except in subsection 7c77#aa77;,b77 and inserting ,secretary of ,homeland ,security2 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#b77;,c77iii71 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 committees2 7,b7 in paragraph 7#e77;,a77i77,,iii71 by striking ,committee on the ,judiciary1 the ,committee on ,foreign ,affairs1 and the ,committee on ,homeland ,security1 of the ,house of ,representatives and the ,committee on the ,judiciary1 the ,committee on ,foreign ,relations1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and inserting appropriate congressional committees2 and 7,c7 in paragraph 7#g71 by striking subparagraph 7,e74 7c7 ,designation of program countries based on overstay rates 7#a7 ,in general ,section #bag7;c77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;c77#b77;,a77 is amended to read as follows3 7,a7 ,general numerical limitations 7i7 ,low nonimmigrant visa refusal rate ,the percentage of nationals of that country refused nonimmigrant visas under section #aja7;a77#ae77;,b7 during the previous full fiscal year was not more than #c percent of the total number of nationals of that country who were granted or refused nonimmigrant visas under such section during such year4 7ii7 ,low nonimmigrant overstay rate ,the overstay rate for that country was not more than #c percent during the previous fiscal year4 4 7#b7 ,qualification criteria ,section #bag7;c77#c7 of such ,act is amended to read as follows3 7#c7 ,qualification criteria ,after designation as a program country under section #bag7;c77#b71 a country may not continue to be designated as a program country unless the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 determines1 in accordance with paragraph 7#e71 that the designation will be continued4 4 7#c7 ,initial period ,section #bag7;c7 of such ,act1 as amended by this section1 is further amended by striking paragraph 7#d74 7#d7 ,continuing designation ,section #bag7;c77#e77;,a77i77,,ii7 of such ,act is amended to read as follows3 7,,ii7 shall determine1 based upon the evaluation in subclause 7,i71 whether any such designation under subsection 7d7 or 7f71 or probation under subsection 7f71 ought to be continued or terminated2 4 7#e7 ,report ,section #bag7;c77#e77;,a77i7 of such ,act1 as amended by paragraph 7#d71 is further amended-- 7,a7 in subclause 7,,iii71 by striking and at the end2 7,b7 in subclause 7,,iv71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding after subclause 7,,iv7 the following3 7,v7 shall submit to ,congress a report regarding the security parameters described in paragraph 7#i74 4 7#f7 ,computation of visa refusal rates2 judicial review ,section #bag7;c77#f7 of such ,act is amended to read as follows3 7#f7 ,computation of visa refusal rates and judicial review 7,a7 ,computation of visa refusal rates ,for purposes of determining the eligibility of a country to be designated as a program country1 the calculation of visa refusal rates shall not include any visa refusals which incorporate any procedures based on1 or are otherwise based on1 race1 sex1 or disability1 unless otherwise specifically authorized by law or regulation4 7,b7 ,judicial review ,no court shall have jurisdiction under this section to review any visa refusal1 the ,secretary of ,state's computation of a visa refusal rate1 the ,secretary of ,homeland ,security's computation of an overstay rate1 or the designation or nondesignation of a country as a program country4 4 7#g7 ,visa waiver information ,section #bag7;c77#g7 of such ,act is amended-- 7,a7 by striking 7,a7 waiver information4--2 and 7,b7 by striking subparagraphs 7,b7 through 7,e74 7#h7 ,waiver authority ,section #bag7;c77#h7 of such ,act is amended to read as follows3 7#h7 ,waiver authority ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 may waive the application of paragraph 7#b77;,a77i7 for a country if-- 7,a7 the country meets all other requirements under paragraph 7#b72 7,b7 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 enforcement1 security interests1 or enforcement of the immigration laws2 7,c7 there has been a general downward trend in the percentage of nationals of the country who have been refused visas for nonimmigrants described in section #aja7;a77#ae77;,b72 7,d7 7i7 the country consistently cooperated with the ,government of the ,united ,states on counterterrorism initiatives1 information sharing1 preventing terrorist travel1 and extradition to the ,united ,states of individuals 7including the country's own nationals7 who commit crimes that violate ,united ,states law before the date of its designation as a program country2 and 7ii7 the ,secretary of ,homeland ,security and the ,secretary of ,state assess that the cooperation described in clause 7i7 is likely to continue2 and 7,e7 the percentage of nationals of the country who have been refused a visa for nonimmigrants described in section #aja7;a77#ae77;,b7 during the previous full fiscal year was not more than #aj percent of the total number of nationals of that country who were granted or refused such nonimmigrant visas4 4 7d7 ,termination of designation2 probation ,section #bag7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;f77 is amended to read as follows3 7f7 ,termination of designation2 probation 7#a7 ,definitions ,in this subsection3 7,a7 ,probationary period ,the term probationary period means the fiscal year in which a probationary country is placed in probationary status under this subsection4 7,b7 ,program country ,the term program country has the meaning given that term in subsection 7c77#a77;,b74 7#b7 ,determination1 notice1 and initial probationary period 7,a7 ,determination of probationary status and notice of noncompliance ,as part of each program country's periodic evaluation required under subsection 7c77#e77;,a71 the ,secretary of ,homeland ,security shall determine whether a program country is in compliance with the program requirements under subparagraphs 7,a77ii7 through 7,f7 of subsection 7c77#b74 7,b7 ,initial probationary period ,if the ,secretary of ,homeland ,security determines that a program country is not in compliance with the program requirements under subparagraphs 7,a77ii7 through 7,f7 of subsection 7c77#b71 the ,secretary shall place the program country in probationary status for the fiscal year following the fiscal year in which the periodic evaluation is completed4 7#c7 ,actions at the end of the initial probationary period ,at the end of the initial probationary period of a country under paragraph 7#b77;,b71 the ,secretary of ,homeland ,security shall take one of the following actions3 7,a7 ,compliance during initial probationary period ,if the ,secretary determines that all instances of noncompliance with the program requirements under subparagraphs 7,a77ii7 through 7,f7 of subsection 7c77#b7 that were identified in the latest periodic evaluation have been remedied by the end of the initial probationary period1 the ,secretary shall end the country's probationary period4 7,b7 ,noncompliance during initial probationary period ,if the ,secretary determines that any instance of noncompliance with the program requirements under subparagraphs 7,a77ii7 through 7,f7 of subsection 7c77#b7 that were identified in the latest periodic evaluation has not been remedied by the end of the initial probationary period-- 7i7 the ,secretary may terminate the country's participation in the program2 or 7ii7 on an annual basis1 the ,secretary may continue the country's probationary status if the ,secretary1 in consultation with the ,secretary of ,state1 determines that the country's continued participation in the program is in the national interest of the ,united ,states4 7#d7 ,actions at the end of additional probationary periods ,at the end of all probationary periods granted to a country pursuant to paragraph 7#c77;,b77ii71 the ,secretary shall take one of the following actions3 7,a7 ,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 7c77#e77;,a7 that the country is in compliance with the program requirements under subparagraphs 7,a77ii7 through 7,f7 of subsection 7c77#b74 7,b7 ,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 7c77#e77;,a7 that the program country continues to be in non-compliance with the program requirements under subparagraphs 7,a77ii7 through 7,f7 of subsection 7c77#b74 7#e7 ,effective date ,the termination of a country's participation in the program under paragraph 7#c77;,b7 or 7#d77;,b7 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 terminated4 ,until such date1 nationals of the country shall remain eligible for a waiver under subsection 7a74 7#f7 ,treatment of nationals after termination ,for purposes of this subsection and subsection 7d7-- 7,a7 nationals of a country whose designation is terminated under paragraph 7#c7 or 7#d7 shall remain eligible for a waiver under subsection 7a7 until the effective date of such termination2 and 7,b7 a waiver under this section that is provided to such a national for a period described in subsection 7a77#a7 shall not1 by such termination1 be deemed to have been rescinded or otherwise rendered invalid1 if the waiver is granted before such termination4 7#g7 ,consultative role of the secretary of state ,in this subsection1 references to subparagraphs 7,a77ii7 through 7,f7 of subsection 7c77#b7 and subsection 7c77#e77;,a7 carry with them the consultative role of the ,secretary of ,state as provided in those provisions4 4 7e7 ,review of overstay tracking methodology ,not later than #ahj days after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a review of the methods used by the ,secretary of ,homeland ,security-- 7#a7 to track aliens entering and exiting the ,united ,states2 and 7#b7 to detect any such alien who stays longer than such alien's period of authorized admission4 7f7 ,sense of ,congress on nonimmigrant overstay rates ,it is the sense of ,congress that the ,secretary of ,homeland ,security-- 7#a7 has not complied with the requirements under section #b of ,public ,law #aje-agc 7#h ,u4,s4,c4 #acgf7 relating to the collection of data and the submission of reports to ,congress on nonimmigrant visa overstay rates2 and 7#b7 should collect such data and submit such reports as are required under that section4 7g7 ,evaluation of electronic system for travel authorization ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 shall submit to ,congress an evaluation of the automated electronic travel authorization system 7commonly referred to as the ,electronic ,system for ,travel ,authorization7 under section #bag7;h77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;h77#c771 which shall include-- 7#a7 an evaluation of the security risks of aliens who enter the ,united ,states without an approved ,electronic ,system for ,travel ,authorization verification2 and 7#b7 an evaluation of any improvements needed to strengthen the ,electronic ,system for ,travel ,authorization1 including technological enhancements to ensure efficient1 accurate1 and comprehensive vetting of aliens seeking to travel to the ,united ,states against all relevant ,united ,states ,government databases4 7h7 ,sense of ,congress on priority for review of program countries ,it is the sense of ,congress that the ,secretary of ,homeland ,security1 in the process of conducting evaluations of countries participating in the secure travel partnership program under section #bag of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg71 should prioritize the reviews of countries in which circumstances indicate that such a review is necessary or desirable4 #d4 ,visa processing 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state shall-- 7#a7 require ,united ,states diplomatic and consular missions to conduct visa interviews for nonimmigrant visa applications determined to require a consular interview-- 7,a7 in an expeditious manner2 7,b7 consistent with national security requirements2 and 7,c7 in recognition of resource allocation considerations1 such as the need to ensure provision of consular services to citizens of the ,united ,states2 and 7#b7 set a goal of interviewing #ij percent of all nonimmigrant visa applicants not later than #aj days after receiving their application1 subject to the conditions described in paragraph 7#a74 7b7 ,reports 7#a7 ,semiannual reports ,not later than #baj days after the implementation of subsection 7a71 and not later than #cj days after ,june #cj and after ,december #ca of each subsequent year1 the ,secretary of ,state shall submit a report to the appropriate congressional committees that provides-- 7,a7 data substantiating the efforts of the ,secretary of ,state to meet the requirements and goals described in subsection 7a72 7,b7 any factors that have negatively impacted the efforts of the ,secretary to meet such requirements and goals2 and 7,c7 any measures that the ,secretary plans to implement to meet such requirements and goals4 7#b7 ,annual reports ,the ,secretary of ,state shall annually submit a strategic plan to the appropriate congressional committees that describes the resources needed to carry out subsection 7a71 including a #aj-year forecast of demand for nonimmigrant visas in the key high-growth markets1 including-- 7,a7 a description of the methodology used to make such forecasts that-- 7i7 describes the internal and external studies utilized to prepare such forecasts2 and 7ii7 indicates whether such methodology utilizes the ,department of ,commerce's analysis of visitor arrival projections2 7,b7 a comparison of the ,department of ,state's nonimmigrant visa demand projections and the ,department of ,commerce's visitor arrival projections by country2 and 7,c7 a description of the practices and procedures currently used by each ,united ,states diplomatic and consular mission to manage nonimmigrant visa workload4 7#c7 ,appropriate congressional committees ,in this section1 the term appropriate congressional committees means-- 7,a7 the ,committee on the ,judiciary of the ,senate2 7,b7 the ,committee on ,foreign ,relations of the ,senate2 7,c7 the ,committee on ,appropriations of the ,senate2 7,d7 the ,committee on the ,judiciary of the ,house of ,representatives2 7,e7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7,f7 the ,committee on ,appropriations of the ,house of ,representatives4 7c7 ,savings provision 7#a7 ,in general ,nothing in subsection 7a7 may be construed to affect a consular officer's authority-- 7,a7 to deny a visa application under section #bba7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja7;g772 or 7,b7 to initiate any necessary or appropriate security-related check or clearance4 7#b7 ,security checks ,the completion of a security-related check or clearance shall not be subject to the time limits set out in subsection 7a74 #e4 ,interviews of visa applicants ,section #bbb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7 is amended by adding at the end the following3 7i7 7#a7 ,except as provided in paragraph 7#c71 the ,secretary of ,state-- 7,a7 shall develop and conduct a pilot program for processing visas for nonimmigrants described in section #aja7;a77#ae77;,b71 using secure remote videoconferencing technology as a method for conducting visa interviews of applicants2 and 7,b7 in consultation with other ,federal agencies that use such secure communications1 shall help ensure the security of the videoconferencing transmission and encryption conducted under subparagraph 7,a74 7#b7 ,not later than #ij days after the termination of the pilot program authorized under paragraph 7#a71 the ,secretary of ,state shall submit a report to the ,committee on the ,judiciary1 the ,committee on ,foreign ,relations1 and the ,committee on ,appropriations of the ,senate1 and the ,committee on the ,judiciary1 the ,committee on ,foreign ,affairs1 and the ,committee on ,appropriations of the ,house of ,representatives that contains-- 7,a7 a detailed description of the results of such program1 including an assessment of the efficacy1 efficiency1 and security of the remote videoconferencing technology as a method for conducting visa interviews of applicants2 and 7,b7 recommendations for whether such program should be continued1 broadened1 or modified4 7#c7 ,the pilot program authorized under paragraph 7#a7 may not be conducted if the ,secretary of ,state determines that such program-- 7,a7 poses an undue security risk2 and 7,b7 cannot be conducted in a manner consistent with maintaining security controls4 7#d7 ,if the ,secretary of ,state makes a determination under paragraph 7#c71 the ,secretary shall submit a report to the ,committee on the ,judiciary of the ,senate1 the ,committee on ,foreign ,relations of the ,senate1 the ,committee on ,appropriations of the ,senate1 the ,committee on ,foreign ,affairs of the ,house of ,representatives1 the ,committee on the ,judiciary of the ,house of ,representatives1 and the ,committee on ,appropriations of the ,house of ,representatives that describes the reasons for such determination4 7#e7 ,for purposes of this subsection1 the term in person interview includes interviews conducted using remote video technology4 4 #f4 ,visa and trusted traveler application coordination ,to the maximum extent possible1 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 ,u4,s4 ,customs and ,border ,protection1 including providing space for ,u4,s4 ,customs and ,border ,protection interviews and unified application fees4 #g4 ,electronic passport requirement for secure travel partnership program 7a7 ,in general ,section #bag of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg71 as amended in section #c1 is further amended-- 7#a7 by striking visa waiver program each place it appears 7including within any headings of such section7 and inserting secure travel partnership program2 7#b7 in subsection 7a71 by amending paragraph 7#c7 to read as follows3 7#c7 ,electronic passport ,on or after the date of enactment of the ,jobs ,originated through ,launching ,travel ,act of #bjae1 the alien at the time of application is in possession of a valid1 unexpired electronic passport that incorporates biometric and document authentication identifiers that comply with internationally accepted practices4 2 and 7#c7 in subsection 7c77#b71 by amending subparagraph 7,b7 to read as follows3 7,b7 ,electronic passport program ,the government of the country certifies that it issues to its citizens electronic passports that satisfy the internationally accepted standards for electronic passports4 4 7b7 ,conforming amendment ,section #bab7;a77#g77;,b77iv7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#g77;,b77iv77 is amended by amending the heading to read as follows3 ,secure travel partnership program44