[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5925-S5926]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6399. Mr. BOOKER submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. 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, or 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 of Homeland Security 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 of 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 the 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 to implement the waiver provided in the 
     amendment made by subsection (a) for the Virgin Islands of 
     the United States.
       (c) Waiver Countries.--The regulations described in 
     subsection (b) shall include a listing of all member or 
     associate member countries of the Caribbean Community whose 
     nationals may obtain, on a country-by-country basis, the 
     waiver provided by this section, except that such regulations 
     shall

[[Page S5926]]

     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, or would increase fraud or abuse of the 
     nonimmigrant visa system.
       (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 of the United States 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.
                                 ______