119-hr362

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 362 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 362

 To establish the Virgin Islands visa waiver program.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 13, 2025

 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 
2025''.

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, 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 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 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 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 
and any additional costs associated with the administration of the fees 
collected.
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