[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3341 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3341
To amend the Immigration and Nationality Act to stimulate international
tourism to the United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 3, 2011
Ms. Hirono (for herself and Mr. Dreier) introduced the following 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 concerned
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to stimulate international
tourism to the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Visa Improvements to Stimulate
International Tourism to the United States of America Act'' or the
``VISIT USA Act''.
SEC. 2. MULTIPLE ENTRY VISAS FOR NATIONALS OF CHINA.
Section 214(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1184(a)(2)) is amended--
(1) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(2) by inserting before subparagraph (B), as so
redesignated, the following:
``(A)(i) Notwithstanding paragraph (1) and except as provided in
clause (ii), the Secretary of State shall ensure that a nonimmigrant
visa issued pursuant to section 101(a)(15)(B) to an alien described in
clause (iii)--
``(I) is valid for a period of not less than 5 years; and
``(II) permits unlimited entry into and exit from the
United States during such period.
``(ii) The Secretary of State may waive clause (i) with respect to
an alien described in clause (iii) if the Secretary determines that a
compelling national security reason exists for the waiver.
``(iii) An alien described in this clause is an alien who--
``(I) is a national of China;
``(II) meets the requirements for a visa under section
101(a)(15)(B); and
``(III) requests a visa pursuant to clause (i).
``(iv) An alien issued a visa pursuant to clause (i) shall be
screened through the automated electronic travel authorization system
implemented pursuant to section 217(h)(3) prior to being admitted into
the United States.''.
SEC. 3. EXPEDITING PRIORITY VISITORS.
Section 286(u) of the Immigration and Nationality Act (8 U.S.C.
1356(u)) is amended--
(1) by amending the subsection heading to read as follows:
``(u) Premium Processing Fee.--'';
(2) by striking ``The Attorney General'' and inserting the
following:
``(1) Employment-based petitions and applications.--The
Secretary of Homeland Security'';
(3) by striking ``This fee'' and inserting ``The fee
authorized under this paragraph'';
(4) by striking ``The Attorney General may adjust this
fee'' and inserting ``The Secretary may adjust the fee
authorized under this paragraph''; and
(5) by adding at the end the following:
``(2) Visitor visas.--The Secretary of State shall offer
premium processing for visitor visas issued to nonimmigrants
described in section 101(a)(15)(B) and shall ensure that
applicants requesting premium processing for such visas are
interviewed and the visa application is adjudicated not later
than 3 business days after the date of the applicant's request
for a visa appointment, absent compelling security concerns.
The Secretary shall charge a fee for premium processing
services under this paragraph in an amount sufficient to
recover the costs incurred--
``(A) to more quickly process such visas in India,
China, and Brazil;
``(B) to procure the technology needed to conduct
videoconferencing for visa interviews; and
``(C) to create mobile interview units to process
visa applications and conduct visa interviews in cities
with more than 1,000,000 people that do not have a
United States embassy or consulate.''.
SEC. 4. VIDEO CONFERENCE PILOT PROGRAM.
(a) Authorization.--Except as provided in subsection (c), the
Secretary of State--
(1) shall develop and conduct a pilot program for
processing B-1 and B-2 visas using secure remote
videoconferencing technology as a method for conducting visa
interviews of applicants; and
(2) in consultation with other Federal agencies that use
such secure communications, shall help ensure the security of
the videoconferencing transmission and encryption conducted
under paragraph (1).
(b) Report.--Not later than 90 days after the termination of the
pilot program authorized under subsection (a), the Secretary of State
shall submit a report to the Committee on Appropriations of the Senate
and the Committee on Appropriations of the House of Representatives
that contains--
(1) a detailed description of the results of such program,
including an assessment of the efficacy, efficiency, and
security of the remote videoconferencing technology as a method
for conducting visa interviews of applicants; and
(2) recommendations for whether such program should be
continued, broadened, or modified.
(c) Limitation.--
(1) In general.--The pilot program authorized under
subsection (a) may not be conducted if the Secretary of State
determines that such program--
(A) poses an undue security risk; and
(B) cannot be conducted in a manner consistent with
maintaining security controls.
(2) Report.--If the Secretary of State makes a
determination under paragraph (1), the Secretary shall submit a
report to the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives
that describes the reasons for such determination.
SEC. 5. ENCOURAGING CANADIAN TOURISM TO THE UNITED STATES.
(a) Canadian Retiree Visas.--Section 101(a)(15) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
(1) in subparagraph (T)(iii), by striking the period at the
end and inserting a semicolon;
(2) in subparagraph (U)(iii), by striking ``or'' at the
end;
(3) in subparagraph (V), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
``(W) subject to section 214(s), an alien who the
Secretary of Homeland Security determines--
``(i) is a citizen of Canada, is older than
50 years of age, owns a residence in the United
States or has signed a rental agreement for
accommodations in the United States for the
duration of the alien's stay in the United
States; and
``(ii) the alien spouse and children of the
alien described in clause (i) if accompanying
or following to join the alien; or''.
(b) Visa Application Procedures.--Section 214 of the Immigration
and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the
following:
``(s) Visas of Nonimmigrants Described in Section 101(a)(15)(W).--
``(1) The Secretary of Homeland Security shall authorize
the issuance of a nonimmigrant visa to any alien described in
section 101(a)(15)(W) who submits a petition to the Secretary
that demonstrates, to the satisfaction of the Secretary, that
the alien--
``(A) meets the eligibility requirements set forth
in section 101(a)(15)(W);
``(B) is not inadmissible under section 212; and
``(C) will comply with the terms set forth in
paragraph (2).
``(2) An alien who is issued a visa under this subsection--
``(A) is authorized to visit the United States
during the 3-year period beginning on the date on which
the visa is issued;
``(B) may remain in the United States during such
authorized period for not more than 240 consecutive
days;
``(C) may renew such visa every 3 years under the
same terms and conditions;
``(D) is not authorized to engage in employment in
the United States; and
``(E) is not eligible for any form of assistance or
benefit described in section 403(a) of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1613(a)).''.
SEC. 6. INCENTIVES FOR FOREIGN VISITORS VISITING THE UNITED STATES
DURING LOW PEAK SEASONS.
(a) Application Fees.--The Secretary of State shall give foreign
visitors an incentive to apply for a visa when the demand is lower by
decreasing the visa application and issuance fees charged to
nonimmigrants described in section 101(a)(15)(B) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(B)) in selected countries during
periods when there is low demand for visitor visas in such countries.
(b) Limitation.--In decreasing visa application and issuance fees
under subsection (a), the Secretary shall--
(1) subject to paragraph (2), maximize the demand for such
visa applications; and
(2) maintain the total amount collected from such fees.
SEC. 7. SECURE TRAVEL AND COUNTERTERRORISM PARTNERSHIP PROGRAM.
(a) Definitions.--Section 217(c)(1) of the Immigration and
Nationality Act (8 U.S.C. 1187(c)(1)) is amended to read as follows:
``(1) Authority to designate.--
``(A) In general.--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.--
``(i) Appropriate congressional
committees.--The term `appropriate
congressional committees' means--
``(I) the Committee on Foreign
Relations of the Senate;
``(II) the Committee on Homeland
Security and Governmental Affairs of
the Senate;
``(III) the Committee on the
Judiciary of the Senate;
``(IV) the Committee on Foreign
Affairs of the House of
Representatives;
``(V) the Committee on Homeland
Security of the House of
Representatives; and
``(VI) the Committee on the
Judiciary of the House of
Representatives.
``(ii) Program country.--The term `program
country' means a country designated as a
program country under subparagraph (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 for subsection (c)(11)(B)) and inserting
``Secretary of Homeland Security'';
(2) in subsection (c)--
(A) in paragraph (2)(C)(iii), 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 committees'';
(B) in paragraph (5)(A)(i)(III), by striking
``Committee on the Judiciary, the Committee on Foreign
Affairs, and the Committee on Homeland Security, of the
House of Representatives and the Committee on the
Judiciary, the Committee on Foreign Relations, and the
Committee on Homeland Security and Governmental Affairs
of the Senate'' and inserting ``appropriate
congressional committees''; and
(C) in paragraph (7), by striking subparagraph (E).
(c) Designation of Program Countries.--Section 217(c) of the
Immigration and Nationality Act (8 U.S.C. 1187(c)) is amended--
(1) in paragraph (2), by amending subparagraph (A) to read
as follows:
``(A) General numerical limitations.--Either--
``(i) the number of refusals of
nonimmigrant visas under section 101(a)(15)(B)
for nationals of that country during the
previous fiscal year was not more than 3
percent; or
``(ii) the overstay rate for that country
during the previous fiscal year was not more
than 3 percent.'';
(2) by amending paragraph (3) to read as follows:
``(3) Qualification criteria.--After the initial period, a
country may not be designated as a program country unless the
Secretary of Homeland Security, in consultation with the
Secretary of State, determines, pursuant to paragraph (5), that
the designation will be continued.'';
(3) in paragraph (5)(A)(i)(II), by striking ``ought to be
continued or terminated under subsection (d)'' and inserting
``under subsection (d) or (f), or probation under subsection
(f), ought to be continued or terminated'';
(4) by amending paragraph (6) to read as follows:
``(6) Computation of visa refusal rates; judicial review.--
``(A) Computation of visa refusal rates.--For
purposes of determining the eligibility of a country to
be designated as a program 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, unless
otherwise specifically authorized by law.
``(B) Judicial review.--No court has jurisdiction
under this section to review any visa refusal, the
Secretary of State's computation of a visa refusal
rate, the Secretary of Homeland Security's computation
of an overstay rate, or the designation or
nondesignation of a country as a program country.'';
(5) in paragraph (7), as amended by subsection (b)(2)(C)--
(A) in subparagraph (A), by striking ``(3) In
general.--''; and
(B) by striking subparagraphs (B), (C), and (D);
(6) by amending paragraph (8) to read as follows:
``(8) Waiver authority.--The Secretary of Homeland
Security, in consultation with the Secretary of State, may
waive the application of paragraph (2)(A)(i) for a country if--
``(A) the country meets all of the other
requirements under paragraph (2);
``(B) 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 enforcement, security interests, or
enforcement of the immigration laws of the United
States;
``(C) there has been a general downward trend in
the rate of refusals for nonimmigrant visas under
section 101(a)(15)(B) for nationals of the country;
``(D) the country has consistently cooperated with
the Government of the United States on counterterrorism
initiatives, information sharing, preventing terrorist
travel, and extradition of the country's nationals to
the United States before the date of its designation as
a program country, and the Secretary of Homeland
Security and the Secretary of State assess that such
cooperation is likely to continue; and
``(E) the rate of refusals for nonimmigrant visas
under section 101(a)(15)(B) for nationals of the
country during the previous fiscal year was not more
than 10 percent.''; and
(7) by adding at the end the following:
``(12) Overstay rate.--
``(A) Initial designation.--With respect to a
country being considered for designation as a program
country under paragraph (1)(A), the overstay rate for a
fiscal year is the ratio between--
``(i) the number of nationals of such
country who were admitted to the United States
as nonimmigrants described in section
101(a)(15)(B), whose periods of authorized stay
under such section expired during such fiscal
year, and who remained in the United States
unlawfully after such expiration date; and
``(ii) the number of nationals of such
country who were admitted to the United States
as nonimmigrants described in section
101(a)(15)(B), whose periods of authorized stay
under such section expired during such fiscal
year.
``(B) Continuing designation.--With respect to any
program country, the overstay rate for each fiscal year
after the initial designation under paragraph (1)(A) is
the ratio between--
``(i) the number of nationals of such
country who were admitted to the United States
under this section or as nonimmigrants
described in section 101(a)(15)(B), whose
periods of authorized stay expired during such
fiscal year, and who remained in the United
States unlawfully after such expiration date;
and
``(ii) the number of nationals of such
country who were admitted to the United States
under this section or as nonimmigrants
described in section 101(a)(15)(B), whose
periods of authorized stay expired during such
fiscal year.
``(C) Computation of overstay rate.--In determining
the overstay rate for a country, the Secretary of
Homeland Security may utilize information from any
available database to ensure the accuracy of such
rate.''.
(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 a fiscal year in which a country is place
in probationary status under this subsection.
``(B) Program country.--The term `program country'
means a country designated as a program country under
subsection (c)(1).
``(2) Determination, notice, and initial probationary
period.--
``(A) Determination of probationary status and
notice of noncompliance.--As part of each program
country's periodic evaluation required under subsection
(c)(5)(A), the Secretary of Homeland Security shall
determine whether the program country is in compliance
with the requirements under subparagraphs (A)(ii), (B),
(C), (D), (E), and (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
requirements under subparagraphs (A)(ii), (B), (C),
(D), (E), and (F) of subsection (c)(2), the Secretary
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.--
``(A) Compliance during initial probationary
period.--If the Secretary of Homeland Security
determines that all instances of noncompliance with the
requirements under subparagraphs (A)(ii), (B), (C),
(D), (E), and (F) of subsection (c)(2) that were
identified in the latest periodic evaluation have been
remedied by the end of the country's initial
probationary period under paragraph (2)(B), the
Secretary shall discontinue the probationary period.
``(B) Noncompliance during initial probationary
period.--If the Secretary of Homeland Security
determines that any instance of noncompliance with the
requirements under subparagraphs (A)(ii), (B), (C),
(D), (E), and (F) of subsection (c)(2) that were
identified in the latest periodic evaluation has not
been remedied by the end of the country's initial
probationary period under paragraph (2)(B), the
Secretary may--
``(i) terminate the country's participation
in the program; or
``(ii) extend the country's probationary
status for an additional fiscal year 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.--
``(A) Compliance during additional periods.--The
Secretary of Homeland Security shall discontinue a
country's probationary status if the Secretary
determines, during the latest periodic evaluation
required under subsection (c)(5)(A), that the country
is in compliance with the requirements under
subparagraphs (A)(ii), (B), (C), (D), (E), and (F) of
subsection (c)(2).
``(B) Noncompliance during additional periods.--The
Secretary of Homeland Security shall terminate a
country's participation in the program if the Secretary
determines, during the latest periodic evaluation
required under subsection (c)(5)(A), that the country
is not in compliance with any of the requirements under
subparagraphs (A)(ii), (B), (C), (D), (E), and (F) of
subsection (c)(2).
``(5) Effective date.--The termination of a country's
participation in the program under paragraph (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 of Homeland
Security determines that such participation shall be
terminated. Until such date, nationals of the country shall
remain eligible for a waiver under subsection (a).
``(6) Treatment of nationals after termination.--For
purposes of this subsection and subsection (d)--
``(A) nationals of a country whose designation is
terminated under paragraph (3) or (4) shall remain
eligible for a waiver under subsection (a) until the
effective date of such termination; and
``(B) a waiver under this section that is provided
to such a national for a period described 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.''.
(e) Review of Overstay Tracking Methodology.--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--
(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.
SEC. 8. INCREASING HOME OWNERSHIP BY PRIORITY VISITORS.
(a) Nonimmigrant Status.--Section 101(a)(15) of the Immigration and
Nationality Act, as amended by section 5(a), is further amended by
adding at the end the following:
``(X) subject to section 214(t), an alien who,
after the date of the enactment of the VISIT USA Act--
``(i)(I) uses at least $500,000 in cash to
purchase 1 or more residences in the United
States, which each sold for more than 100
percent of the most recent appraised value of
such residence, as determined by the property
assessor in the city or county in which the
residence is located;
``(II) maintains ownership of residential
property in the United States worth at least
$500,000 during the entire period the alien
remains in the United States as a nonimmigrant
described in this subparagraph; and
``(III) resides for more than 180 days per
year in a residence in the United States that
is worth at least $250,000; and
``(ii) the alien spouse and children of the
alien described in clause (i) if accompanying
or following to join the alien.''.
(b) Visa Application Procedures.--Section 214 of the Immigration
and Nationality Act, as amended by section 5(b), is further amended by
adding at the end the following:
``(t) Visas of Nonimmigrants Described in Section 101(a)(15)(X).--
``(1) The Secretary of Homeland Security shall authorize
the issuance of a nonimmigrant visa to any alien described in
section 101(a)(15)(X) who submits a petition to the Secretary
that demonstrates, to the satisfaction of the Secretary, that
the alien--
``(A) has purchased a residence in the United
States that meets the criteria set forth in section
101(a)(15)(X)(i);
``(B) is not inadmissible under section 212; and
``(C) will comply with the terms set forth in
paragraph (2).
``(2) An alien who is issued a visa under this subsection--
``(A) shall reside in the United States at a
residence that meets the criteria set forth in section
101(a)(15)(X)(i) for more than 180 days per year;
``(B) is not authorized to engage in employment in
the United States, except for employment that is
directly related to the management of the residential
property described in section 101(X)(i)(II);
``(C) is not eligible for any form of assistance or
benefit described in section 403(a) of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1613(a)); and
``(D) may renew such visa every 3 years under the
same terms and conditions.''.
SEC. 9. EXPEDITING ENTRY FOR PRIORITY VISITORS.
Section 7208(k) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (8 U.S.C. 1365b(k)) is amended by adding at the end the
following:
``(4) Expediting entry for priority visitors.--
``(A) In general.--The Secretary of Homeland
Security shall expand the enrollment in the Global
Entry Trusted Traveler Network (referred to in this
paragraph as `Global Entry') to include individuals
employed by international organizations, selected by
the Secretary, which maintain strong working
relationships with the United States.
``(B) Sponsors.--An individual may not be enrolled
in Global Entry unless the individual is sponsored by--
``(i) an international organization
selected by the Secretary under subparagraph
(A); and
``(ii) the government that issued the
passport that the individual is using to
participate in Global Entry.
``(C) Security requirements.--An individual may not
be enrolled in Global Entry unless the individual has
successfully completed all applicable security
requirements established by the Secretary, including
cooperation from the applicable foreign government, to
ensure that the individual does not pose a risk to the
United States.
``(D) Discretion.--The Secretary shall retain
unreviewable discretion to offer or revoke enrollment
in Global Entry to any individual.''.
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