[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5460 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5460

          To establish the Virgin Islands visa waiver program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 30, 2021

 Ms. Plaskett introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
          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 
2021''.

SEC. 2. ADDITION OF VIRGIN ISLANDS VISA WAIVER TO GUAM AND NORTHERN 
              MARIANA ISLANDS VISA WAIVER.

    (a) In General.--Section 212(l) of the Immigration and Nationality 
Act (8 U.S.C. 1182(l)) is amended to read as follows:
    ``(l) Guam and Northern Mariana Islands Visa Waiver Program; Virgin 
Islands Visa Waiver Program.--
            ``(1) 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 applying for admission as a 
        nonimmigrant visitor for business or pleasure and solely for 
        entry into and stay in Guam or the Commonwealth of the Northern 
        Mariana Islands, or the Virgin Islands of the United States, 
        for a period not to exceed 45 days, if the Secretary of 
        Homeland Security, after consultation with the Secretary of the 
        Interior, the Secretary of State, and the Governor of Guam and 
        the Governor of the Commonwealth of the Northern Mariana 
        Islands, or the Governor of the Virgin Islands of the United 
        States, as the case may be, determines that--
                    ``(A) an adequate arrival and departure control 
                system has been developed in Guam and the Commonwealth 
                of the Northern Mariana Islands, and the Virgin Islands 
                of the United States; and
                    ``(B) such a waiver does not represent a threat to 
                the welfare, safety, or security of the United States 
                or its territories and commonwealths.
            ``(2) Alien waiver of rights.--An alien may not be provided 
        a waiver under this subsection unless the alien has waived any 
        right--
                    ``(A) 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 
                Guam or the Commonwealth of the Northern Mariana 
                Islands, or the Virgin Islands of the United States; or
                    ``(B) 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 of this Act, any action for removal 
                of the alien.
            ``(3) Regulations.--All necessary regulations to implement 
        this subsection shall be promulgated by the Secretary of 
        Homeland Security, in consultation with the Secretary of the 
        Interior and the Secretary of State. 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--
                    ``(A) a listing of all countries whose nationals 
                may obtain the waivers provided by this subsection; and
                    ``(B) 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.
            ``(4) Factors.--In determining whether to grant or continue 
        providing the waiver under this subsection 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.
            ``(5) Suspension.--The Secretary of Homeland Security shall 
        monitor the admission of nonimmigrant visitors to Guam and the 
        Commonwealth of the Northern Mariana Islands, and the Virgin 
        Islands of the United States, under this subsection. If the 
        Secretary determines that such admissions have resulted in an 
        unacceptable number of visitors from a country remaining 
        unlawfully in Guam or the Commonwealth of the Northern Mariana 
        Islands, or the Virgin Islands of the United States, 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 
        Guam or the Commonwealth of the Northern Mariana Islands, or 
        the Virgin Islands of the United States, 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 
        subsection. The Secretary of Homeland Security may in the 
        Secretary's discretion suspend the Guam and Northern Mariana 
        Islands visa waiver program, or the Virgin Islands visa waiver 
        program, at any time, on a country-by-country basis, for other 
        good cause.
            ``(6) Addition of countries.--The Governor of Guam and the 
        Governor of the Commonwealth of the Northern Mariana Islands, 
        or the Governor of the Virgin Islands of the United States, 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 subsection, 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 
        subsection.''.
    (b) Regulations Deadline.--Not later than one year after the date 
of enactment of this Act, the Secretary of Homeland Security, in 
consultation with the Secretary of the Interior and the Secretary of 
State, shall promulgate any necessary regulations as described in 
subsection (a) required to implement the waiver provided in such 
subsection for the Virgin Islands.
    (c) Waiver Countries.--The regulations described in subsection (b) 
shall include 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 section, 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.
    (d) Conforming Amendments.--
            (1) Documentation requirements.--Section 212(a)(7)(B)(iii) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1182(a)(7)(B)(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 or the 
                        Commonwealth of the Northern Mariana Islands, 
                        or the Virgin Islands of the United States, see 
                        subsection (l).''.
            (2) Admission of nonimmigrants.--Section 214(a)(1) of such 
        Act (8 U.S.C. 1184(a)(1)) is amended by striking ``Guam or the 
        Commonwealth of the Northern Mariana Islands'' each place such 
        term appears and inserting ``Guam or the Commonwealth of the 
        Northern Mariana Islands, or the Virgin Islands of the United 
        States''.
    (e) Fees.--The Secretary of Homeland Security shall establish an 
administrative processing fee to be charged and collected from 
individuals seeking to enter the Virgin Islands in accordance with 
section 212(l) of the Immigration and Nationality Act (8 U.S.C. 
1182(l)), as amended by this Act. Such fee shall be set at a level that 
will ensure recovery of the full costs of such processing, any 
additional costs associated with the administration of the fees 
collected, and any sums necessary to offset reduced collections of the 
nonimmigrant visa fee or the electronic travel authorization fee that 
otherwise would have been collected from such individuals.
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