12 2 STA T .86 1 PUBLIC LA W 11 0– 22 9—M A Y 8 , 2008 stayinGu a mor t heC ommon w ea l tho f the N orthern M ariana I slan d sfora p eriod not to e xc eed 45 days , if the S ecretary of H omeland Security, after consultation with the Secretary of the Interior, the Secretary of State, the Go v ernor of Guam and the Governor of the Commonwealth of the Northern Mar - iana Islands, determines that —‘ ‘ (A) an ade q uate arrival and departure control system has b een developed in Guam and the Commonwealth of the Northern Mariana Islands
and ‘‘( B ) such a waiver does not represent a threat to the welfare, safety, or security of the U nited States or its territories and commonwealths . ‘‘( 2 )A LIENWA I V E ROF RI GHTS .—An alien may not be pro- vided a waiver under this subsection unless the alien has waived any ri g ht— ‘‘(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 ‘‘(B) to contest, other than on the basis of an application for withholding of removal under section 24 1 (b)( 3 ) of this Act or under the Convention Against T orture, or an applica- tion for asylum if permitted under section 2 08 , any action for removal of the alien. ‘‘(3) R EG U LATIONS.—All necessary regulations to implement this subsection shall be promulgated by the Secretary of Home- land Security, in consultation with the Secretary of the Interior and the Secretary of State, on or before the 180th day after the date of enactment of the Consolidated Natural Resources Act of 2008. 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 waiver also provided by this subsection, except that such regulations shall provide for a listing of any country from which the Commonwealth has received a significant economic benefit from the number of visitors for pleasure within the one-year period preceding the date of enactment of the Consolidated Natural Resources Act of 2008, unless the Secretary of Homeland Security deter- mines 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 ‘‘(B) any bonding requirements for nationals of some or all of those countries who may present an increased ris k of overstays or other potential problems, if different from such requirements otherwise provided by law for non- immigrant visitors. ‘‘(4) F A C TORS.—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 authori z ations, procedures for reporting lost and stolen passports, repatriation of aliens, rates Deadlin e .
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