[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2116 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 2116
To amend the Immigration and Nationality Act to establish the Virgin
Islands visa waiver program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 29, 2015
Ms. Plaskett introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to establish the Virgin
Islands visa waiver program.
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 ``Virgin Islands Visa Waiver Act of
2015''.
SEC. 2. VIRGIN ISLANDS VISA WAIVER PROGRAM.
(a) In General.--Section 212(l) of the Immigration and Nationality
Act (8 U.S.C. 1182(l)) is amended--
(1) by amending the subsection heading to read as follows:
``Guam, Northern Mariana Islands, and Virgin Islands Visa
Waiver Programs.--''; and
(2) by adding at the end the following:
``(7) Virgin islands visa waiver program.--
``(A) In general.--The requirement of subsection
(a)(7)(B)(i) may be waived by the Secretary of Homeland
Security, in the case of an alien who is a national of
a country described in subparagraph (B) and who is
applying for admission as a nonimmigrant visitor for
business or pleasure and solely for entry into and stay
in the United States Virgin Islands for a period not to
exceed 30 days, if the Secretary of Homeland Security,
after consultation with the Secretary of the Interior,
the Secretary of State, and the Governor of the United
States Virgin Islands, determines that such a waiver
does not represent a threat to the welfare, safety, or
security of the United States or its territories and
commonwealths.
``(B) Countries.--A country described in this
subparagraph is a country that--
``(i) is a member or an associate member of
the Caribbean Community (CARICOM); and
``(ii) is listed in the regulations
described in subparagraph (D).
``(C) Alien waiver of rights.--An alien may not be
provided a waiver under this paragraph unless the alien
has waived any right--
``(i) to review or appeal under this Act an
immigration officer's determination as to the
admissibility of the alien at the port of entry
into the United States Virgin Islands; or
``(ii) to contest, other than on the basis
of an application for withholding of removal
under section 241(b)(3) of this Act or under
the Convention Against Torture, or an
application for asylum if permitted under
section 208, any action for removal of the
alien.
``(D) Regulations.--All necessary regulations to
implement this paragraph shall be promulgated by the
Secretary of Homeland Security, in consultation with
the Secretary of the Interior and the Secretary of
State, on or before the date that is 1 year after the
date of enactment of the Virgin Islands Visa Waiver Act
of 2013. The promulgation of such regulations shall be
considered a foreign affairs function for purposes of
section 553(a) of title 5, United States Code. At a
minimum, such regulations should include, but not
necessarily be limited to--
``(i) a listing of all member or associate
member countries of the Caribbean Community
(CARICOM) whose nationals may obtain, on a
country by country basis, the waiver provided
by this paragraph, except that such regulations
shall not provide for a listing of any country
if the Secretary of Homeland Security
determines that such country's inclusion on
such list would represent a threat to the
welfare, safety, or security of the United
States or its territories and commonwealths;
and
``(ii) any bonding requirements for
nationals of some or all of those countries who
may present an increased risk of overstays or
other potential problems, if different from
such requirements otherwise provided by law for
nonimmigrant visitors.
``(E) Factors.--In determining whether to grant or
continue providing the waiver under this paragraph to
nationals of any country, the Secretary of Homeland
Security, in consultation with the Secretary of the
Interior and the Secretary of State, shall consider all
factors that the Secretary deems relevant, including
electronic travel authorizations, procedures for
reporting lost and stolen passports, repatriation of
aliens, rates of refusal for nonimmigrant visitor
visas, overstays, exit systems, and information
exchange.
``(F) Suspension.--The Secretary of Homeland
Security shall monitor the admission of nonimmigrant
visitors to the United States Virgin Islands under this
paragraph. If the Secretary determines that such
admissions have resulted in an unacceptable number of
visitors from a country remaining unlawfully in the
United States Virgin Islands, unlawfully obtaining
entry to other parts of the United States, or seeking
withholding of removal or asylum, or that visitors from
a country pose a risk to law enforcement or security
interests of the United States Virgin Islands or of the
United States (including the interest in the
enforcement of the immigration laws of the United
States), the Secretary shall suspend the admission of
nationals of such country under this paragraph. The
Secretary of Homeland Security may in the Secretary's
discretion suspend the United States Virgin Islands
visa waiver program at any time, on a country-by-
country basis, for other good cause.
``(G) Addition of countries.--The Governor of the
United States Virgin Islands may request the Secretary
of the Interior and the Secretary of Homeland Security
to add a particular country to the list of countries
whose nationals may obtain the waiver provided by this
paragraph, and the Secretary of Homeland Security may
grant such request after consultation with the
Secretary of the Interior and the Secretary of State,
and may promulgate regulations with respect to the
inclusion of that country and any special requirements
the Secretary of Homeland Security, in the Secretary's
sole discretion, may impose prior to allowing nationals
of that country to obtain the waiver provided by this
paragraph.''.
(b) Conforming Amendments.--
(1) Documentation requirements.--Section 212(a)(7)(iii) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(7)(iii))
is amended to read as follows:
``(iii) Special visa waiver programs.--For
a provision authorizing waiver of clause (i) in
the case of visitors to Guam, the Commonwealth
of the Northern Mariana Islands, or the United
States Virgin Islands, see subsection (l).''.
(2) Admission of nonimmigrants.--Section 214(a)(1) of such
Act (8 U.S.C. 1184(a)(1)) is amended by inserting before the
final sentence the following: ``No alien admitted to the United
States Virgin Islands without a visa pursuant to section
212(l)(7) may be authorized to enter or stay in the United
States other than in the United States Virgin Islands or to
remain in the United States Virgin Islands for a period
exceeding 30 days from date of admission to the United States
Virgin Islands.''.
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