,i #aaith ,,congress #ast ,session ,h4 ,r4 #cfb ,,in ,,the ,,house ,,of ,,representatives ,january #ac1 #bjbe,ms4 ,plaskett introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to establish the ,virgin ,islands visa waiver program4 #a4 ,short title ,this ,act may be cited as the ,virgin ,islands ,visa ,waiver ,act of #bjbe4 #b4 ,addition of ,virgin ,islands visa waiver to ,guam and ,northern ,mariana ,islands visa waiver 7a7 ,in general ,section #bab7l7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7l77 is amended to read as follows3 7l7 ,guam and ,northern ,mariana ,islands visa waiver program2 ,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 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 ,islands1 or the ,virgin ,islands of the ,united ,states1 for a period not to exceed #de days1 if the ,secretary of ,homeland ,security1 after consultation with the ,secretary of the ,interior1 the ,secretary of ,state1 and the ,governor of ,guam and the ,governor of the ,commonwealth of the ,northern ,mariana ,islands1 or the ,governor of the ,virgin ,islands of the ,united ,states1 as the case may be1 determines that-- 7,a7 an adequate arrival and departure control system has been developed in ,guam and the ,commonwealth of the ,northern ,mariana ,islands1 or the ,virgin ,islands of the ,united ,states2 and 7,b7 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 ,alien waiver of rights ,an alien may not be provided a waiver under this subsection unless the alien has waived any right-- 7,a7 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 ,islands1 or the ,virgin ,islands of the ,united ,states2 or 7,b7 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 #bjh of this ,act1 any action for removal of the alien4 7#c7 ,regulations ,all necessary regulations to implement this subsection shall be promulgated by the ,secretary of ,homeland ,security1 in consultation with the ,secretary of the ,interior and the ,secretary of ,state4 ,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-- 7,a7 a listing of all countries whose nationals may obtain the waivers provided by this subsection2 and 7,b7 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#d7 ,factors ,in determining whether to grant or continue providing the waiver under this subsection 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#e7 ,suspension ,the ,secretary of ,homeland ,security shall monitor the admission of nonimmigrant visitors to ,guam and the ,commonwealth of the ,northern ,mariana ,islands1 and the ,virgin ,islands of the ,united ,states1 under this subsection4 ,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 ,islands1 or the ,virgin ,islands of the ,united ,states1 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 ,guam or the ,commonwealth of the ,northern ,mariana ,islands1 or of the ,virgin ,islands of the ,united ,states1 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 subsection4 ,the ,secretary of ,homeland ,security may in the ,secretary's discretion suspend the ,guam and ,northern ,mariana ,islands visa waiver program1 or the ,virgin ,islands visa waiver program1 at any time1 on a country-by-country basis1 for other good cause4 7#f7 ,addition of countries ,the ,governor of ,guam and the ,governor of the ,commonwealth of the ,northern ,mariana ,islands1 or the ,governor of the ,virgin ,islands of the ,united ,states1 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 subsection1 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 subsection4 4 7b7 ,regulations deadline ,not later than one year after the date of enactment of this ,act1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of the ,interior and the ,secretary of ,state1 shall promulgate any necessary regulations to implement the waiver provided in the amendment made by subsection 7a7 for the ,virgin ,islands of the ,united ,states4 7c7 ,waiver countries ,the regulations described in subsection 7b7 shall include a listing of all member or associate member countries of the ,caribbean ,community whose nationals may obtain1 on a country-by-country basis1 the waiver provided by this section1 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 commonwealths1 or would increase fraud or abuse of the nonimmigrant visa system4 7d7 ,conforming amendments 7#a7 ,documentation requirements ,section #bab7;a77#g77;,b77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#g77;,b77iii77 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 ,guam or the ,commonwealth of the ,northern ,mariana ,islands1 or the ,virgin ,islands of the ,united ,states1 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 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 ,islands1 or the ,virgin ,islands of the ,united ,states4 7e7 ,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 #bab7l7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7l771 as amended by this ,act4 ,such fee shall be set at a level that will ensure recovery of the full costs of such processing and any additional costs associated with the administration of the fees collected4