To amend section 212(l) of the Immigration and Nationality Act with respect to the Guam and Northern Mariana Islands Visa Waiver Program.

To amend section 212(l) of the Immigration and Nationality Act with respect to the Guam and Northern Mariana 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.

SEC. 2. Guam and Northern Mariana 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 paragraph (5) to read as follows:

“(5) SUSPENSION.—

“(A) REQUIRED DETERMINATION.—Subject to the requirements under subparagraphs (B) and (C), the Secretary of Homeland Security may suspend the admission of nationals of a country under this subsection only upon a written determination by the Secretary, based on specific and articulable facts, that the continued admission of nationals of that country has resulted in, or presents a substantial likelihood of resulting in—

“(i) an unacceptable rate of unlawful presence in Guam or the Commonwealth of the Northern Mariana Islands;

“(ii) unlawful entry into another part of the United States;

“(iii) an unacceptable number of applications for asylum or withholding of removal; or

“(iv) a substantial threat to the welfare, safety, security, or law enforcement interests of Guam, the Commonwealth of the Northern Mariana Islands, or the United States.

“(B) CONSULTATION AND ECONOMIC IMPACT ASSESSMENT.—After the written determination under subparagraph (A) and prior to the suspension of the admission of nationals of a country under this subsection, the Secretary of Homeland Security shall—

“(i) consult with the Secretary of the Interior, the Secretary of State, the Secretary of Commerce, the Governor of Guam, and the Governor of the Commonwealth of the Northern Mariana Islands;

“(ii) consider whether additional conditions, including bonding requirements, limits on length of stay, enhanced information sharing, or other country-specific safeguards, would adequately address the identified concerns without suspension; and

“(iii) prepare an assessment of the reasonably foreseeable economic and fiscal effects of the proposed suspension on Guam and the Commonwealth of the Northern Mariana Islands, including effects on visitor arrivals, air service, employment, business activity, and government revenues.

“(C) NOTICE TO CONGRESS.—Not later than 60 days before a suspension under this subsection takes effect, the Secretary of Homeland Security shall submit to the Committee on Energy and Natural Resources and the Committee on the Judiciary of the Senate and the Committee on Natural Resources and the Committee on the Judiciary of the House of Representatives—

“(i) the written determination required under subparagraph (A);

“(ii) a summary of the consultations conducted under subparagraph (B)(i);

“(iii) a summary of the additional conditions or safeguards considered under subparagraph (B)(ii); and

“(iv) the economic and fiscal assessment required under subparagraph (B)(iii).

“(D) EMERGENCY SUSPENSION.—Notwithstanding subparagraphs (A), (B) and (C), the Secretary of Homeland Security may suspend the admission of nationals of a country under this subsection immediately if the Secretary determines in writing that an imminent and substantial threat to national security or public safety requires immediate action. An emergency suspension under this subparagraph shall expire after 60 days unless the Secretary completes the requirements of subparagraphs (A), (B) and (C).

“(E) REVIEW OF SUSPENSION.—Not later than 180 days after a suspension takes effect, and annually thereafter for as long as the suspension remains in effect, the Secretary of Homeland Security shall review the conditions supporting the suspension and determine whether the suspension remains necessary. The Secretary shall terminate the suspension if the conditions supporting it no longer exist or can be adequately addressed through additional conditions or safeguards.”; and

(2) by adding at the end the following:

“(7) CERTAIN COUNTRIES.—Notwithstanding any other provision of law, the Secretary of Homeland Security shall include the Republic of India, Republic of the Philippines, the Socialist Republic of Vietnam, the Kingdom of Thailand, the Republic of Indonesia, and Mongolia among the countries eligible under this subsection, subject to paragraphs (4) and (5), unless the Secretary determines that the inclusion of any such country would meet the criteria for suspension described under paragraph (5)(A). The Secretary shall promulgate regulations necessary to ensure such countries are eligible under this subsection.”.