,i #aafth ,,congress #ast ,session ,h4 ,r4 #djg ,,in ,,the ,,house ,,of ,,representatives ,january #i1 #bjai,ms4 ,plaskett introduced the following bill2 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 program4 #a4 ,short title ,this ,act may be cited as the ,virgin ,islands ,visa ,waiver ,act of #bjai4 #b4 ,virgin ,islands visa waiver program 7a7 ,in general ,section #bab7l7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7l77 is amended-- 7#a7 by amending the subsection heading to read as follows3 8,guam1 ,northern ,mariana ,islands1 and ,virgin ,islands ,visa ,waiver ,programs4--02 and 7#b7 by adding at the end the following3 7#g7 ,virgin islands visa waiver program 7,a7 ,in general ,the requirement of subsection 7a77#g77;,b77i7 may be waived by the ,secretary of ,homeland ,security1 in the case of an alien who is a national of a country described in subparagraph 7,b7 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 #cj days1 if the ,secretary of ,homeland ,security1 after consultation with the ,secretary of the ,interior1 the ,secretary of ,state1 and the ,governor of the ,united ,states ,virgin ,islands1 determines that such a waiver does not represent a threat to the welfare1 safety1 or security of the ,united ,states or its territories and commonwealths4 7,b7 ,countries ,a country described in this subparagraph is a country that-- 7i7 is a member or an associate member of the ,caribbean ,community 7,,caricom72 and 7ii7 is listed in the regulations described in subparagraph 7,d74 7,c7 ,alien waiver of rights ,an alien may not be provided a waiver under this paragraph unless the alien has waived any right-- 7i7 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 ,islands2 or 7ii7 to contest1 other than on the basis of an application for withholding of removal under section #bda7;b77#c7 of this ,act or under the ,convention ,against ,torture1 or an application for asylum if permitted under section #bjh1 any action for removal of the alien4 7,d7 ,regulations ,all necessary regulations to implement this paragraph shall be promulgated by the ,secretary of ,homeland ,security1 in consultation with the ,secretary of the ,interior and the ,secretary of ,state1 on or before the date that is #a year after the date of enactment of the ,virgin ,islands ,visa ,waiver ,act of #bjai4 ,the promulgation of such regulations shall be considered a foreign affairs function for purposes of section #eec7;a7 of title #e1 ,united ,states ,code4 ,at a minimum1 such regulations should include1 but not necessarily be limited to-- 7i7 a listing of all member or associate member countries of the ,caribbean ,community 7,,caricom7 whose nationals may obtain1 on a country by country basis1 the waiver provided by this paragraph1 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 welfare1 safety1 or security of the ,united ,states or its territories and commonwealths2 and 7ii7 any bonding requirements for nationals of some or all of those countries who may present an increased risk of overstays or other potential problems1 if different from such requirements otherwise provided by law for nonimmigrant visitors4 7,e7 ,factors ,in determining whether to grant or continue providing the waiver under this paragraph to nationals of any country1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of the ,interior and the ,secretary of ,state1 shall consider all factors that the ,secretary deems relevant1 including electronic travel authorizations1 procedures for reporting lost and stolen passports1 repatriation of aliens1 rates of refusal for nonimmigrant visitor visas1 overstays1 exit systems1 and information exchange4 7,f7 ,suspension ,the ,secretary of ,homeland ,security shall monitor the admission of nonimmigrant visitors to the ,united ,states ,virgin ,islands under this paragraph4 ,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 ,islands1 unlawfully obtaining entry to other parts of the ,united ,states1 or seeking withholding of removal or asylum1 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 7including the interest in the enforcement of the immigration laws of the ,united ,states71 the ,secretary shall suspend the admission of nationals of such country under this paragraph4 ,the ,secretary of ,homeland ,security may in the ,secretary's discretion suspend the ,united ,states ,virgin ,islands visa waiver program at any time1 on a country-by-country basis1 for other good cause4 7,g7 ,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 paragraph1 and the ,secretary of ,homeland ,security may grant such request after consultation with the ,secretary of the ,interior and the ,secretary of ,state1 and may promulgate regulations with respect to the inclusion of that country and any special requirements the ,secretary of ,homeland ,security1 in the ,secretary's sole discretion1 may impose prior to allowing nationals of that country to obtain the waiver provided by this paragraph4 4 7b7 ,conforming amendments 7#a7 ,documentation requirements ,section #bab7;a77#g77;iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#g77;iii77 is amended to read as follows3 7iii7 ,special visa waiver programs ,for a provision authorizing waiver of clause 7i7 in the case of visitors to ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 or the ,united ,states ,virgin ,islands1 see subsection 7l74 4 7#b7 ,admission of nonimmigrants ,section #bad7;a77#a7 of such ,act 7#h ,u4,s4,c4 #aahd7;a77#a77 is amended by inserting before the final sentence the following3 ,no alien admitted to the ,united ,states ,virgin ,islands without a visa pursuant to section #bab7l77#g7 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 #cj days from date of admission to the ,united ,states ,virgin ,islands44