To establish a visa waiver program for the United States Virgin Islands.

Summary: Virgin Islands Visa Waiver Act of 2012 - Amends the Immigration and Nationality Act to establish a visa waiver program for the United States Virgin Islands for a national of a country that is a member or an associate member of the Caribbean Community (CARICOM) listed in regulations under this Act and who is applying for admission as a nonimmigrant business or pleasure visitor solely for entry into and stay in the United States Virgin Islands for not more than 30 days, if the Secretary of Homeland Security (DHS) determines that such waiver does not represent a threat to the welfare or security of the United States or its territories and commonwealths.

Directs the Secretary to suspend the admission of nationals of a country if such admissions have resulted in an unacceptable number of visitors remaining unlawfully in the United States Virgin Islands, unlawfully obtaining entry to other parts of the United States, or seeking withholding of removal or asylum, or that visitors from such country pose a risk to law enforcement or security interests of the United States Virgin Islands or of the United States.

Authorizes the Secretary to suspend the program at any time, on a country-by-country basis, for other good cause.

Provides for the addition of program countries.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Virgin Islands Visa Waiver Act of 
2012''.

SEC. 2. VIRGIN 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 the subsection heading to read as follows: 
        ``Guam, Northern Mariana Islands, and Virgin Islands Visa 
        Waiver Programs.--''; and
            (2) by adding at the end the following:
            ``(7) Virgin islands visa waiver program.--
                    ``(A) 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 who is a national of 
                a country described in subparagraph (B) 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 30 days, if the Secretary of Homeland Security, 
                after consultation with the Secretary of the Interior, 
                the Secretary of State, the Governor of the United 
                States Virgin Islands, determines that such a waiver 
                does not represent a threat to the welfare, safety, or 
                security of the United States or its territories and 
                commonwealths.
                    ``(B) Countries.--A country described in this 
                subparagraph is a country that--
                            ``(i) is a member or an associate member of 
                        the Caribbean Community (CARICOM); and
                            ``(ii) is listed in the regulations 
                        described in subparagraph (D).
                    ``(C) Alien waiver of rights.--An alien may not be 
                provided a waiver under this paragraph unless the alien 
                has waived any right--
                            ``(i) 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 Islands; or
                            ``(ii) 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, any action for removal of the 
                        alien.
                    ``(D) Regulations.--All necessary regulations to 
                implement this paragraph shall be promulgated by the 
                Secretary of Homeland Security, in consultation with 
                the Secretary of the Interior and the Secretary of 
                State, on or before the 60th day after the date of 
                enactment of the Virgin Islands Visa Waiver Act of 
                2012. 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--
                            ``(i) a listing of all member or associate 
                        member countries of the Caribbean Community 
                        (CARICOM) whose nationals may obtain the waiver 
                        provided by this paragraph, 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; and
                            ``(ii) 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.
                    ``(E) Factors.--In determining whether to grant or 
                continue providing the waiver under this paragraph 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.
                    ``(F) Suspension.--The Secretary of Homeland 
                Security shall monitor the admission of nonimmigrant 
                visitors to the United States Virgin Islands under this 
                paragraph. 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 Islands, 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 the United States Virgin Islands 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 paragraph. The 
                Secretary of Homeland Security may in the Secretary's 
                discretion suspend the United States Virgin Islands 
                visa waiver program at any time, on a country-by-
                country basis, for other good cause.
                    ``(G) 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 
                paragraph, 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 
                paragraph.''.
    (b) Conforming Amendments.--
            (1) Documentation requirements.--Section 212(a)(7)(iii) of 
        the Immigration and Nationality Act (8 U.S.C. 1182(a)(7)(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, the Commonwealth 
                        of the Northern Mariana Islands, or the United 
                        States Virgin Islands, see subsection (l).''.
            (2) Admission of nonimmigrants.--Section 214(a)(1) of such 
        Act (8 U.S.C. 1184(a)(1)) is amended by inserting before the 
        final sentence the following: ``No alien admitted to the United 
        States Virgin Islands without a visa pursuant to section 
        212(l)(7) may be authorized to enter or stay in the United 
        States other than in United States Virgin Islands or to remain 
        in the United States Virgin Islands for a period exceeding 30 
        days from date of admission to the United States Virgin 
        Islands.''.