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[House Report 110-469]
[From the U.S. Government Publishing Office]

110th Congress                                            Rept. 110-469
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================

 
  AMENDING THE JOINT RESOLUTION APPROVING THE COVENANT TO ESTABLISH A 
  COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS, AND FOR OTHER PURPOSES

                                _______
                                

                December 4, 2007.--Ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3079]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 3079), having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

 TITLE I--NORTHERN MARIANA ISLANDS IMMIGRATION, SECURITY, AND LABOR ACT

SECTION 101. SHORT TITLE.

  This title may be cited as the ``Northern Mariana Islands 
Immigration, Security, and Labor Act''.

SEC. 102. STATEMENT OF CONGRESSIONAL INTENT.

  (a) Immigration and Growth.--In recognition of the need to ensure 
uniform adherence to long-standing fundamental immigration policies of 
the United States, it is the intention of Congress in enacting this 
title--
          (1) to ensure that effective border control procedures are 
        implemented and observed, and that national security and 
        homeland security issues are properly addressed, by extending 
        the immigration laws (as defined in section 101(a)(17) of the 
        Immigration and Nationality Act (8 U.S.C. 1101 (a)(17)), to 
        apply to the Commonwealth of the Northern Mariana Islands 
        (referred to in this title as the ``Commonwealth''), with 
        special provisions to allow for--
                  (A) the orderly phasing-out of the nonresident 
                contract worker program of the Commonwealth; and
                  (B) the orderly phasing-in of Federal 
                responsibilities over immigration in the Commonwealth; 
                and
          (2) to minimize, to the greatest extent practicable, 
        potential adverse economic and fiscal effects of phasing-out 
        the Commonwealth's nonresident contract worker program and to 
        maximize the Commonwealth's potential for future economic and 
        business growth by--
                  (A) encouraging diversification and growth of the 
                economy of the Commonwealth in accordance with 
                fundamental values underlying Federal immigration 
                policy;
                  (B) recognizing local self-government, as provided 
                for in the Covenant to Establish a Commonwealth of the 
                Northern Mariana Islands in Political Union with the 
                United States of America through consultation with the 
                Governor of the Commonwealth;
                  (C) assisting the Commonwealth in achieving a 
                progressively higher standard of living for citizens of 
                the Commonwealth through the provision of technical and 
                other assistance;
                  (D) providing opportunities for individuals 
                authorized to work in the United States, including 
                citizens of the freely associated states; and
                  (E) providing a mechanism for the continued use of 
                alien workers, to the extent those workers continue to 
                be necessary to supplement the Commonwealth's resident 
                workforce, and to protect those workers from the 
                potential for abuse and exploitation.
  (b) Avoiding Adverse Effects.--In recognition of the Commonwealth's 
unique economic circumstances, history, and geographical location, it 
is the intent of Congress that the Commonwealth be given as much 
flexibility as possible in maintaining existing businesses and other 
revenue sources, and developing new economic opportunities, consistent 
with the mandates of this title. This title, and the amendments made by 
this title, should be implemented wherever possible to expand tourism 
and economic development in the Commonwealth, including aiding 
prospective tourists in gaining access to the Commonwealth's memorials, 
beaches, parks, dive sites, and other points of interest.

SEC. 103. IMMIGRATION REFORM FOR THE COMMONWEALTH.

  (a) Amendments to the Joint Resolution To Approve the Covenant To 
Establish a Commonwealth of the Northern Mariana Islands in Political 
Union With the United States of America.--The Joint Resolution to 
Approve the ``Covenant to Establish a Commonwealth of the Northern 
Mariana Islands in Political Union With the United States of America'', 
and for other purposes, approved March 24, 1976 (Public Law 94-241; 90 
Stat. 263), is amended by adding at the end the following new section:

``SEC. 3. IMMIGRATION AND TRANSITION.

  ``(a) Application of the Immigration and Nationality Act and 
Establishment of a Transition Program.--
          ``(1) In general.--Subject to paragraphs (2) and (3), 
        effective on the first day of the first full month commencing 1 
        year after the date of enactment of the Northern Mariana 
        Islands Immigration, Security, and Labor Act (hereafter 
        referred to as the `transition program effective date'), the 
        provisions of the `immigration laws' (as defined in section 
        101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(17))) shall apply to the Commonwealth of the Northern 
        Mariana Islands (referred to in this section as the 
        `Commonwealth'), except as otherwise provided in this section.
          ``(2) Transition period.--There shall be a transition period 
        beginning on the transition program effective date and ending 
        December 31, 2013, except as provided in subsections (b) and 
        (d), during which the Secretary of Homeland Security, in 
        consultation with the Secretary of State, the Attorney General, 
        the Secretary of Labor, and the Secretary of the Interior, 
        shall establish, administer, and enforce a transition program 
        to regulate immigration to the Commonwealth, as provided in 
        this section (hereafter referred to as the `transition 
        program').
          ``(3) Delay of commencement of transition period.--
                  ``(A) In general.--The Secretary of Homeland 
                Security, in the Secretary's sole discretion, in 
                consultation with the Secretary of the Interior, the 
                Secretary of Labor, the Secretary of State, the 
                Attorney General, and the Governor of the Commonwealth, 
                may request that the transition program effective date 
                be delayed for a period not to exceed more than 180 
                days after such date.
                  ``(B) Congressional notification.--The Secretary of 
                Homeland Security shall notify the Congress of a 
                request under subparagraph (A) not later than 30 days 
                prior to the transition program effective date.
                  ``(C) Congressional review.--A delay of the 
                transition program effective date shall not take effect 
                until 30 days after the date on which the request under 
                subparagraph (A) is made.
          ``(4) Requirement for regulations.--The transition program 
        shall be implemented pursuant to regulations to be promulgated, 
        as appropriate, by the head of each agency or department of the 
        United States having responsibilities under the transition 
        program.
          ``(5) Interagency agreements.--The Secretary of Homeland 
        Security, the Secretary of State, the Secretary of Labor, and 
        the Secretary of the Interior shall negotiate and implement 
        agreements among their agencies to identify and assign their 
        respective duties so as to ensure timely and proper 
        implementation of the provisions of this section. The 
        agreements should address, at a minimum, procedures to ensure 
        that Commonwealth employers have access to adequate labor, and 
        that tourists, students, retirees, and other visitors have 
        access to the Commonwealth without unnecessary delay or 
        impediment. The agreements may also allocate funding between 
        the respective agencies tasked with various responsibilities 
        under this section.
          ``(6) Certain education funding.--Except as otherwise 
        provided, fees collected pursuant to section 703(b) shall be 
        paid into the Treasury of the Commonwealth government for the 
        purpose of funding ongoing vocational educational curricula and 
        program development by Commonwealth educational entities. Fees 
        paid into the Treasury of the Commonwealth under this paragraph 
        shall not exceed fees collected by the Commonwealth government 
        under local law and deposited into the Nonresident Worker Fee 
        Fund for the year preceding the date of enactment of the 
        Northern Mariana Islands Immigration, Security, and Labor Act 
        and shall only be paid under this subsection for the duration 
        of the transition program period.
          ``(7) Asylum.--Section 208 of the Immigration and Nationality 
        Act (8 U.S.C. 1158) shall not apply during the transition 
        period to persons physically present in the Commonwealth or 
        arriving in the Commonwealth (whether or not at a designated 
        port of arrival), including persons brought to the Commonwealth 
        after having been interdicted in international or United States 
        waters.
  ``(b) Numerical Limitations for Nonimmigrant Workers.--An alien, if 
otherwise qualified, may seek admission to Guam or to the Commonwealth 
on or after the transition program effective date as a nonimmigrant 
worker under section 101(a)(15)(H) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(H)) without counting against the numerical 
limitations set forth in section 214(g) of such Act (8 U.S.C. 1184(g)). 
This subsection does not apply to any employment to be performed 
outside of Guam or the Commonwealth.
  ``(c) Nonimmigrant Investor Visas.--
          ``(1) In general.--Notwithstanding the treaty requirements in 
        section 101(a)(15)(E) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(15)(E)), during the transition period, the 
        Secretary of Homeland Security may, upon the application of an 
        alien, classify an alien as a CNMI-only nonimmigrant under 
        section 101(a)(15)(E)(ii) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(15)(E)(ii)) if the alien--
                  ``(A) has been admitted to the Commonwealth in long-
                term investor status under the immigration laws of the 
                Commonwealth before the transition program effective 
                date;
                  ``(B) has continuously maintained residence in the 
                Commonwealth under long-term investor status;
                  ``(C) is otherwise admissible; and
                  ``(D) maintains the investment or investments that 
                formed the basis for such long-term investor status.
          ``(2) Requirement for regulations.--Not later than 180 days 
        after the transition program effective date, the Secretary of 
        Homeland Security shall publish regulations in the Federal 
        Register to implement this subsection.
          ``(3) Interim procedures.--The Secretary of Homeland Security 
        shall treat an alien who meets the requirements of paragraph 
        (1) as a nonimmigrant under section 101(a)(15)(E)(ii) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)(ii)) 
        until the regulations implementing this subsection are 
        published.
  ``(d) Special Provision to Ensure Adequate Employment; Commonwealth 
Only Transitional Workers.--An alien who is seeking to enter the 
Commonwealth as a nonimmigrant worker may be admitted to perform work 
during the transition period subject to the following requirements:
          ``(1) Such an alien shall be treated as a nonimmigrant 
        described in section 101(a)(15) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)), including the ability 
        to apply, if otherwise eligible, for a change of nonimmigrant 
        classification under section 248 of such Act (8 U.S.C. 1258), 
        or adjustment of status, if eligible therefor, under this 
        section and section 245 of such Act (8 U.S.C. 1255).
          ``(2) The Secretary of Homeland Security shall establish, 
        administer, and enforce a system for allocating and determining 
        the number, terms, and conditions of permits to be issued to 
        prospective employers for each such nonimmigrant worker 
        described in this subsection who would not otherwise be 
        eligible for admission under the Immigration and Nationality 
        Act (8 U.S.C. 1101 et seq.). In adopting and enforcing this 
        system, the Secretary shall also consider, not later than 30 
        days after receipt by the Secretary, any comments and advice 
        submitted by the Governor of the Commonwealth. This system 
        shall provide for a reduction in the allocation of permits for 
        such workers on an annual basis, to zero, during a period not 
        to extend beyond December 31, 2013, unless extended pursuant to 
        paragraph 5 of this subsection, and shall take into account the 
        number of petitions granted under subsection (i). In no event 
        shall a permit be valid beyond the expiration of the transition 
        period. This system may be based on any reasonable method and 
        criteria determined by the Secretary of Homeland Security to 
        promote the maximum use of, and to prevent adverse effects on, 
        wages and working conditions of workers authorized to be 
        employed in the United States, including lawfully admissible 
        freely associated state citizen labor. No alien shall be 
        granted nonimmigrant classification or a visa under this 
        subsection unless the permit requirements established under 
        this paragraph have been met.
          ``(3) The Secretary of Homeland Security shall set the 
        conditions for admission of such an alien under the transition 
        program, and the Secretary of State shall authorize the 
        issuance of nonimmigrant visas for such an alien to engage in 
        employment only as authorized in this subsection. Such a visa 
        shall not be valid for admission to the United States, as 
        defined in section 101(a)(38) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(38)), except admission to the 
        Commonwealth. An alien admitted to the Commonwealth on the 
        basis of such a visa shall be permitted to engage in employment 
        only as authorized pursuant to the transition program.
          ``(4) Such an alien shall be permitted to transfer between 
        employers in the Commonwealth during the period of such alien`s 
        authorized stay therein, without advance permission of the 
        employee's current or prior employer, within the alien's 
        occupational category or another occupational category the 
        Secretary of Homeland Security has found requires alien workers 
        to supplement the resident workforce.
          ``(5)(A) Not later than 180 days prior to the expiration of 
        the transition period, or any extension thereof, the Secretary 
        of Labor, in consultation with the Secretary of Homeland 
        Security, the Secretary of the Interior, and the Governor of 
        the Commonwealth, shall ascertain the current and anticipated 
        labor needs of the Commonwealth and determine whether an 
        extension, in up to a 5-year increment, of the provisions of 
        this subsection are necessary to ensure an adequate number of 
        workers will be available for legitimate businesses in the 
        Commonwealth. For the purpose of this subparagraph, a business 
        shall not be considered legitimate if it engages directly or 
        indirectly in prostitution, trafficking in minors, or any other 
        activity that is illegal under Federal or local law. The 
        determinations of whether a business is legitimate and to what 
        extent, if any, it may require alien workers to supplement the 
        resident workforce, shall be made by the Secretary of Homeland 
        Security, in the Secretary's sole discretion, and shall not be 
        reviewable.
          ``(B) If the Secretary of Labor determines that such an 
        extension is necessary to ensure an adequate number of workers 
        for legitimate businesses in the Commonwealth, the Secretary of 
        Labor may, through notice published in the Federal Register, 
        provide for 1 or more extension periods of up to 5 years for 
        each such extension period.
          ``(C) In making the determination of whether alien workers 
        are necessary to ensure an adequate number of workers for 
        legitimate businesses in the Commonwealth, and if so, the 
        number of such workers that are necessary, the Secretary of 
        Labor may consider, among other relevant factors--
                  ``(i) government, industry, or independent workforce 
                studies reporting on the need, or lack thereof, for 
                alien workers in the Commonwealth's businesses;
                  ``(ii) the unemployment rate of United States citizen 
                workers residing in the Commonwealth;
                  ``(iii) the unemployment rate of aliens in the 
                Commonwealth who have been lawfully admitted for 
                permanent residence;
                  ``(iv) the number of unemployed alien workers in the 
                Commonwealth;
                  ``(v) any good faith efforts to locate, educate, 
                train, or otherwise prepare United States citizen 
                residents, lawful permanent residents, and unemployed 
                alien workers already within the Commonwealth, to 
                assume those jobs;
                  ``(vi) any available evidence tending to show that 
                United States citizen residents, lawful permanent 
                residents, and unemployed alien workers already in the 
                Commonwealth are not willing to accept jobs of the type 
                offered;
                  ``(vii) the extent to which admittance of alien 
                workers will affect the compensation, benefits, and 
                living standards of existing workers within those 
                industries and other industries authorized to employ 
                alien workers; and
                  ``(viii) the prior use, if any, of alien workers to 
                fill those industry jobs, and whether the industry is 
                overly and unnecessarily reliant on alien workers.
          ``(6) The Secretary of Homeland Security may authorize the 
        admission of a spouse or minor child accompanying or following 
        to join a worker admitted pursuant to this subsection.
  ``(e) Persons Lawfully Admitted Under the Commonwealth Immigration 
Law.--
          ``(1) Prohibition on removal.--
                  ``(A) In general.--Subject to subparagraph (B), no 
                alien who is lawfully present in the Commonwealth 
                pursuant to the immigration laws of the Commonwealth on 
                the transition program effective date shall be removed 
                from the United States on the grounds that such alien's 
                presence in the Commonwealth is in violation of section 
                212(a)(6)(A) of the Immigration and Nationality Act (8 
                U.S.C. 1182(a)(6)(A)), until the earlier of the date--
                          ``(i) of the completion of the period of the 
                        alien's admission under the immigration laws of 
                        the Commonwealth; or
                          ``(ii) that is 2 years after the transition 
                        program effective date.
                  ``(B) Limitations.--Nothing in this subsection shall 
                be construed to prevent or limit the removal under 
                subparagraph 212(a)(6)(A) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(a)(6)(A)) of such an 
                alien at any time, if the alien entered the 
                Commonwealth after the date of enactment of the 
                Northern Mariana Islands Immigration, Security, and 
                Labor Act, and the Secretary of Homeland Security has 
                determined that the alien entered the Commonwealth in 
                violation of this section.
          ``(2) Employment authorization.--An alien who is lawfully 
        present and authorized to be employed in the Commonwealth 
        pursuant to the immigration laws of the Commonwealth on the 
        transition program effective date shall be considered 
        authorized by the Secretary of Homeland Security to be employed 
        in the Commonwealth until the earlier of the date--
                  ``(A) of expiration of the alien's employment 
                authorization under the immigration laws of the 
                Commonwealth; or
                  ``(B) that is 2 years after the transition program 
                effective date.
          ``(3) Registration.--The Secretary of Homeland Security may 
        require any alien present in the Commonwealth on or after the 
        transition period effective date to register with the Secretary 
        in such a manner, and according to such schedule, as he may in 
        his unreviewable discretion require. Paragraphs (1) and (2) of 
        this subsection shall not apply to any alien who fails to 
        comply with such registration requirement. Notwithstanding any 
        other law, the Government of the Commonwealth shall provide to 
        the Secretary all Commonwealth immigration records or other 
        information that the Secretary deems necessary to assist the 
        implementation of this paragraph or other provisions of the 
        Northern Mariana Islands Immigration, Security, and Labor Act. 
        Nothing in this paragraph shall modify or limit section 262 of 
        the Immigration and Nationality Act (8 U.S.C. 1302) or other 
        provision of the Immigration and Nationality Act relating to 
        the registration of aliens.
          ``(4) Removable aliens.--Except as specifically provided in 
        paragraph (1)(A) of this subsection, nothing in this subsection 
        shall prohibit or limit the removal of any alien who is 
        removable under the Immigration and Nationality Act.
          ``(5) Prior orders of removal.--The Secretary of Homeland 
        Security may execute any administratively final order of 
        exclusion, deportation or removal issued under authority of the 
        immigration laws of the United States before, on, or after the 
        transition period effective date, or under authority of the 
        immigration laws of the Commonwealth before the transition 
        period effective date, upon any subject of such order found in 
        the Commonwealth on or after the transition period effective 
        date, regardless whether the alien has previously been removed 
        from the United States or the Commonwealth pursuant to such 
        order.
  ``(f) Effect on Other Laws.--The provisions of this section and of 
the immigration laws, as defined in section 101(a)(17) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)), shall, on the 
transition program effective date, supersede and replace all laws, 
provisions, or programs of the Commonwealth relating to the admission 
of aliens and the removal of aliens from the Commonwealth.
  ``(g) Accrual of Time for Purposes of Section 212(a)(9)(B) of the 
Immigration and Nationality Act.--No time that an alien is present in 
the Commonwealth in violation of the immigration laws of the 
Commonwealth shall be counted for purposes of inadmissibility under 
section 212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(9)(B)).
  ``(h) Report on Nonresident Guestworker Population.--The Secretary of 
the Interior, in consultation with the Secretary of Homeland Security, 
and the Governor of the Commonwealth, shall report to the Congress not 
later than 2 years after the date of the enactment of the Northern 
Mariana Islands Immigration, Security, and Labor Act. The report shall 
include--
          ``(1) the number of aliens residing in the Commonwealth;
          ``(2) a description of the legal status (under Federal law) 
        of such aliens;
          ``(3) in five year increments, the number of years each alien 
        has been residing in the Commonwealth;
          ``(4) the current and future requirements for the 
        Commonwealth economy of an alien workforce; and
          ``(5) recommendations to the Congress related to granting 
        alien workers lawfully present in the Commonwealth on the date 
        of the enactment of such Act United States citizenship or some 
        other permanent legal status.
  ``(i) Statutory Construction.--Nothing in this section may be 
construed to count the issuance of any visa to an alien, or the grant 
of any admission of an alien, under this section toward any numerical 
limitation contained in the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.).''.
  (b) Waiver of Requirements for Nonimmigrant Visitors.--The 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
          (1) in section 214(a)(1) (8 U.S.C. 1184(a)(1)), by striking 
        ``Guam'' each place such term appears and inserting ``Guam or 
        the Commonwealth of the Northern Mariana Islands'';
          (2) in section 212(a)(7)(B) (8 U.S.C. 1182(a)(7)(B)), by 
        amending clause (iii) to read as follows:
                          ``(iii) Guam and northern mariana islands 
                        visa waiver.--For provision authorizing waiver 
                        of clause (i) in the case of visitors to Guam 
                        or the Commonwealth of the Northern Mariana 
                        Islands, see subsection (l).''; and
          (3) by amending section 212(l) (8 U.S.C. 1182(l)) to read as 
        follows:
  ``(l) Guam and Northern Mariana 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 for a period not to exceed 45 days, if the Secretary of 
        the Interior, after consultation with the Secretary of Homeland 
        Security, the Secretary of State, the Governor of Guam and the 
        Governor of the Commonwealth of the Northern Mariana Islands, 
        determines that--
                  ``(A) an adequate arrival and departure control 
                system has been 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 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
                  ``(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, 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, on or before the 180th day 
        after the date of the enactment of the Northern Mariana Islands 
        Immigration, Security, and Labor Act. 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 the enactment of the Northern 
                Mariana Islands Immigration, Security, and Labor Act; 
                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 the Interior, in consultation with 
        the Secretary of Homeland Security, 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 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, 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 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 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 
        may request the Secretary of the Interior to add a particular 
        country to the list of countries whose nationals may obtain the 
        waiver provided by this subsection, and the Secretary may grant 
        such request after consultation with the Secretary of Homeland 
        Security 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.''.
  (c) Special Nonimmigrant Categories for Guam and the Commonwealth of 
the Northern Mariana Islands.--
          (1) In general.--The Governor of Guam and the Governor of the 
        Commonwealth of the Northern Mariana Islands (referred to in 
        this subsection as ``CNMI'') may request the Secretary of 
        Homeland Security to create additional Guam or CNMI-only 
        nonimmigrant visas to the extent that existing nonimmigrant 
        visa categories under the Immigration and Nationality Act do 
        not do not provide for the type of visitor, the duration of 
        allowable visit, or other circumstance. The Secretary of 
        Homeland Security may review such request, and, after 
        consultation with the Secretary of State and the Secretary of 
        the Interior, may promulgate regulations with respect to the 
        creation of those additional Guam or CNMI-only visa categories. 
        Such additional Guam or CNMI-only visa categories may include, 
        but are not limited to, special nonimmigrant statuses for 
        investors, students and retirees, but shall not include 
        nonimmigrant status for the purpose of employment in Guam or 
        the CNMI.
          (2) Visas and admissions.--Upon approval of a Guam or CNMI-
        only nonimmigrant category by the Secretary of Homeland 
        Security pursuant to paragraph (1) of this subsection, the 
        Secretary of State may issue such visas to eligible aliens and 
        such aliens may be admitted to Guam or the CNMI if otherwise 
        eligible to the United States under the immigration laws.
          (3) Adjustment of status to permanent resident.--Section 
        245(c)(4) of the Immigration and Nationality Act (8 U.S.C. 
        1255(c)(4)) is amended by inserting ``, section 212(o),'' after 
        ``212(l)''.
          (4) Change of nonimmigrant classification.--Section 248(a)(4) 
        of the Immigration and Nationality Act (8 U.S.C. 1258(a)(4)) is 
        amended by inserting ``, section 212(o),'' after ``212(l)''.
  (d) Inspection of Persons Arriving From the Commonwealth of the 
Northern Mariana Islands; Guam and Northern Mariana Islands-Only Visas 
Not Valid for Entry Into Other Parts of the United States.--Section 
212(d)(7) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(7)) 
is amended by inserting ``the Commonwealth of the Northern Mariana 
Islands,'' after ``Guam,''.
  (e) Technical Assistance Program.--
          (1) In general.--The Secretary of the Interior, in 
        consultation with the Governor of the Commonwealth, the 
        Secretary of Labor, and the Secretary of Commerce, and as 
        provided in the Interagency Agreements required to be 
        negotiated under subsection (a)(4) of section 6 of the Joint 
        Resolution to Approve the ``Covenant to Establish a 
        Commonwealth of the Northern Mariana Islands in Political Union 
        With the United States of America'', and for other purposes, 
        approved March 24, 1976 (Public Law 94-241), as added by 
        subsection (a) of this section, shall provide--
                  (A) technical assistance and other support to the 
                Commonwealth to identify opportunities for, and 
                encourage diversification and growth of, the economy of 
                the Commonwealth;
                  (B) technical assistance, including assistance in 
                recruiting, training, and hiring of workers, to assist 
                employers in the Commonwealth in securing employees 
                first from among United States citizens and nationals 
                resident in the Commonwealth and if an adequate number 
                of such workers are not available, from among legal 
                permanent residents, including lawfully admissible 
                citizens of the freely associated states; and
                  (C) technical assistance, including assistance to 
                identify types of jobs needed, identify skills needed 
                to fulfill such jobs, and assistance to Commonwealth 
                educational entities to develop curricula for such job 
                skills to include training teachers and students for 
                such skills.
          (2) Consultation.--In providing such technical assistance 
        under paragraph (1), the Secretaries shall--
                  (A) consult with the Government of the Commonwealth, 
                local businesses, regional banks, educational 
                institutions, and other experts in the economy of the 
                Commonwealth; and
                  (B) assist in the development and implementation of a 
                process to identify opportunities for and encourage 
                diversification and growth of the economy of the 
                Commonwealth and to identify and encourage 
                opportunities to meet the labor needs of the 
                Commonwealth.
          (3) Cost-sharing.--For the provision of technical assistance 
        or support under this paragraph (other than that required to 
        pay the salaries and expenses of Federal personnel), the 
        Secretary of the Interior shall require a non-Federal matching 
        contribution of 10 percent.
  (f) Operations.--
          (1) Establishment.--At any time on and after the date of 
        enactment of this Act, the Attorney General, Secretary of 
        Homeland Security, and the Secretary of Labor may establish and 
        maintain offices and other operations in the Commonwealth for 
        the purpose of carrying out duties under--
                  (A) the Immigration and Nationality Act (8 U.S.C. 
                1101 et seq.); and
                  (B) the transition program established under section 
                6 of the Joint Resolution to Approve the ``Covenant to 
                Establish a Commonwealth of the Northern Mariana 
                Islands in Political Union With the United States of 
                America'', and for other purposes, approved March 24, 
                1976 (Public Law 94-241), as added by subsection (a) of 
                this section.
          (2) Personnel.--To the maximum extent practicable and 
        consistent with the satisfactory performance of assigned duties 
        under applicable law, the Attorney General, Secretary of 
        Homeland Security, and the Secretary of Labor shall recruit and 
        hire personnel from among qualified United States citizens and 
        national applicants residing in the Commonwealth to serve as 
        staff in carrying out operations described in paragraph (1).
  (g) Conforming Amendments to Public Law 94-241.--
          (1) In general.--Public Law 94-241, as amended, is further 
        amended--
                  (A) in section 503, by striking subsection (a) and 
                redesignating subsections (b) and (c) as subsections 
                (a) and (b), respectively;
                  (B) by striking section 506; and
                  (C) in section 703(b), by striking ``quarantine, 
                passport, immigration and naturalization'' and 
                inserting ``quarantine and passport''.
          (2) Effective date.--The amendments made by this subsection 
        shall take effect on the first day of the first full month 
        commencing one year after the date of enactment of this Act.
  (h) Reports to Congress.--
          (1) In general.--By March 1, of the first year which is at 
        least 2 full years after the date of enactment of this title, 
        and annually thereafter, the President shall submit to the 
        Committee on Energy and Natural Resources and the Committee on 
        the Judiciary of the Senate and the Committee on Natural 
        Resources and the Committee on the Judiciary of the House of 
        Representatives a report that evaluates the overall effect of 
        the transition program established under section 6 of the Joint 
        Resolution to Approve the ``Covenant to Establish a 
        Commonwealth of the Northern Mariana Islands in Political Union 
        With the United States of America'', and for other purposes, 
        approved March 24, 1976 (Public Law 94-241) as added by 
        subsection (a) of this section, and the Immigration and 
        Nationality Act (8 U.S.C. 1101 et seq.) on the Commonwealth.
          (2) Contents.--In addition to other topics otherwise required 
        to be included under this title or the amendments made by this 
        title, each report submitted under paragraph (1) shall include 
        a description of the efforts that have been undertaken during 
        the period covered by the report to diversify and strengthen 
        the local economy of the Commonwealth, including efforts to 
        promote the Commonwealth as a tourist destination.
          (3) GAO report.--The Government Accountability Office shall 
        submit a report to the Congress not later than 2 years after 
        the date of enactment of this title, to include, at a minimum, 
        the following items:
                  (A) An assessment of the implementation of this title 
                and the amendments made by this title, including an 
                assessment of the performance of Federal agencies and 
                the Government of the Commonwealth in meeting 
                congressional intent.
                  (B) An assessment of the short-term and long-term 
                impacts of implementation of this title and the 
                amendments made by this title on the economy of the 
                Commonwealth, including its ability to obtain workers 
                to supplement its resident workforce and to maintain 
                access to its tourists and customers, and any affect on 
                compliance with United States treaty obligations 
                mandating non-refoulement for refugees.
                  (C) An assessment of the economic benefit of the 
                investors ``grandfathered'' under subsection (c) of 
                section 6 of the Joint Resolution to Approve the 
                ``Covenant to Establish a Commonwealth of the Northern 
                Mariana Islands in Political Union With the United 
                States of America'', and for other purposes, approved 
                March 24, 1976 (Public Law 94-241), as added by 
                subsection (a) of this section, and the Commonwealth's 
                ability to attract new investors after the date of the 
                enactment of this title.
                  (D) An assessment of the number of illegal aliens in 
                the Commonwealth, including any Federal and 
                Commonwealth efforts to locate and repatriate them.
                  (E) An assessment of any Federal and Commonwealth 
                efforts to enumerate, locate, and repatriate illegal 
                aliens in the Commonwealth.
          (4) Reports by the local government.--The Governor of the 
        Commonwealth may submit an annual report to the President on 
        the implementation of this title, and the amendments made by 
        this title, with recommendations for future changes. The 
        President shall forward the Governor's report to the Congress 
        with any Administration comment after an appropriate period of 
        time for internal review, provided, that nothing in this 
        paragraph shall be construed to require the President to 
        provide any legislative recommendation to the Congress.
  (i) Required Actions Prior to Transition Program Effective Date.--
During the period beginning on the date of enactment of this Act and 
ending on the effective date of the transition program established 
under section 6 of Public Law 94-241 (as added by subsection (a)), the 
Government of the Commonwealth shall--
          (1) not permit an increase in the total number of alien 
        workers who are present in the Commonwealth as of the date of 
        enactment of this Act; and
          (2) administer its nonrefoulement protection program--
                  (A) according to the terms and procedures set forth 
                in the Memorandum of Agreement entered into between the 
                Commonwealth of the Northern Mariana Islands and the 
                United States Department of Interior, Office of Insular 
                Affairs, executed on September 12, 2003 (which terms 
                and procedures, including but not limited to funding by 
                the Secretary of the Interior and performance by the 
                Secretary of Homeland Security of the duties of 
                ``Protection Consultant'' to the Commonwealth, shall 
                have effect on and after the date of enactment of this 
                Act), as well as CNMI Public Law 13-61 and the 
                Immigration Regulations Establishing a Procedural 
                Mechanism for Persons Requesting Protection from 
                Refoulement; and
                  (B) so as not to remove or otherwise effect the 
                involuntary return of any alien whom the Protection 
                Consultant has determined to be eligible for protection 
                from persecution or torture.
  (j) Conforming Amendments to the Immigration and Nationality Act.--
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
amended--
          (1) in section 101(a)(15)(D)(ii), by inserting ``or the 
        Commonwealth of the Northern Mariana Islands'' after ``Guam'' 
        each time such term appears;
          (2) in section 101(a)(36), by striking ``and the Virgin 
        Islands of the United States'' and inserting ``the Virgin 
        Islands of the United States, and the Commonwealth of the 
        Northern Mariana Islands'';
          (3) in section 101(a)(38), by striking ``and the Virgin 
        Islands of the United States'' and inserting ``the Virgin 
        Islands of the United States, and the Commonwealth of the 
        Northern Mariana Islands'';
          (4) in section 208, by adding at the end the following:
  ``(e) Commonwealth of the Northern Mariana Islands.--The provisions 
of this section and section 209(b) of this Act shall apply to persons 
physically present in the Commonwealth of the Northern Mariana Islands 
or arriving in the Commonwealth (whether or not at a designated port of 
arrival and including persons who are brought to the Commonwealth after 
having been interdicted in international or United States waters) only 
on or after January 1, 2018.''; and
          (5) in section 235(b)(1), by adding at the end the following:
                  ``(G) Commonwealth of the northern mariana islands.--
                Nothing in this subsection shall be construed to 
                authorize or require any person described in section 
                208(e) of this Act to be permitted to apply for asylum 
                under section 208 of this Act at any time before 
                January 1, 2018.''.
  (k) Availability of Other Nonimmigrant Professionals.--The 
requirements of section 212(m)(6)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1182(m)(6)(B)) shall not apply to a facility in Guam, the 
Commonwealth of the Northern Mariana Islands, or the Virgin Islands.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated such sums as may be necessary 
to carry out this title.

SEC. 105. EFFECTIVE DATE.

  (a) In General.--Except as specifically provided in this section or 
otherwise in this Act, this title and the amendments made by this title 
shall take effect on the date of the enactment of this title.
  (b) Amendments to the Immigration and Nationality Act.--The 
amendments to the Immigration and Nationality Act made by this Act, and 
other provisions of this Act applying the immigration laws (as defined 
in section 101(a)(17) of Immigration and Nationality Act (8 U.S.C. 
1101(a)(17))) to the Commonwealth, shall take effect on the transition 
program effective date provided by section 6 of Public Law 94-241, as 
amended by this Act, unless specifically provided otherwise in this 
Act.
  (c) Construction.--Nothing in this Act or the amendments made by this 
Act shall be construed to make any residence or presence in the 
Commonwealth before the first day of the first full month commencing 
one year after the date of enactment of this Act residence or presence 
in the United States; Provided that, for the purpose only of 
determining whether an alien lawfully admitted for permanent residence 
(as defined in section 101(a)(20) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(20))) has abandoned or lost such status by reason 
of absence from the United States, such alien's presence in the 
Commonwealth before, on or after the enactment of this Act shall be 
considered to be presence in the United States.

            TITLE II--NORTHERN MARIANA ISLANDS DELEGATE ACT

SEC. 201. SHORT TITLE.

  This title may be cited as the ``Northern Mariana Islands Delegate 
Act''.

SEC. 202. DELEGATE TO HOUSE OF REPRESENTATIVES FROM COMMONWEALTH OF THE 
                    NORTHERN MARIANA ISLANDS.

  The Commonwealth of the Northern Mariana Islands shall be represented 
in the United States Congress by the Resident Representative to the 
United States authorized by section 901 of the Covenant to Establish a 
Commonwealth of the Northern Mariana Islands in Political Union With 
the United States of America (approved by Public Law 94-241 (48 U.S.C. 
1801 et seq.)). The Resident Representative shall be a nonvoting 
Delegate to the House of Representatives, elected as provided in this 
title.

SEC. 203. ELECTION OF DELEGATE.

  (a) Electors and Time of Election.--The Delegate shall be elected--
          (1) by the people qualified to vote for the popularly elected 
        officials of the Commonwealth of the Northern Mariana Islands; 
        and
          (2) at the Federal general election of 2008 and at such 
        Federal general election every 2d year thereafter.
  (b) Manner of Election.--
          (1) In general.--The Delegate shall be elected at large and 
        by a plurality of the votes cast for the office of Delegate.
          (2) Effect of establishment of primary elections.--
        Notwithstanding paragraph (1), if the Government of the 
        Commonwealth of the Northern Mariana Islands, acting pursuant 
        to legislation enacted in accordance with the Constitution of 
        the Commonwealth of the Northern Mariana Islands, provides for 
        primary elections for the election of the Delegate, the 
        Delegate shall be elected by a majority of the votes cast in 
        any general election for the office of Delegate for which such 
        primary elections were held.
  (c) Vacancy.--In case of a permanent vacancy in the office of 
Delegate, the office of Delegate shall remain vacant until a successor 
is elected and qualified.
  (d) Commencement of Term.--The term of the Delegate shall commence on 
the 3d day of January following the date of the election.

SEC. 204. QUALIFICATIONS FOR OFFICE OF DELEGATE.

  To be eligible for the office of Delegate a candidate shall--
          (1) be at least 25 years of age on the date of the election;
          (2) have been a citizen of the United States for at least 7 
        years prior to the date of the election;
          (3) be a resident and domiciliary of the Commonwealth of the 
        Northern Mariana Islands for at least 7 years prior to the date 
        of the election;
          (4) be qualified to vote in the Commonwealth of the Northern 
        Mariana Islands on the date of the election; and
          (5) not be, on the date of the election, a candidate for any 
        other office.

SEC. 205. DETERMINATION OF ELECTION PROCEDURE.

  Acting pursuant to legislation enacted in accordance with the 
Constitution of the Commonwealth of the Northern Mariana Islands, the 
Government of the Commonwealth of the Northern Mariana Islands may 
determine the order of names on the ballot for election of Delegate, 
the method by which a special election to fill a permanent vacancy in 
the office of Delegate shall be conducted, the method by which ties 
between candidates for the office of Delegate shall be resolved, and 
all other matters of local application pertaining to the election and 
the office of Delegate not otherwise expressly provided for in this 
title.

SEC. 206. COMPENSATION, PRIVILEGES, AND IMMUNITIES.

  Until the Rules of the House of Representatives are amended to 
provide otherwise, the Delegate from the Commonwealth of the Northern 
Mariana Islands shall receive the same compensation, allowances, and 
benefits as a Member of the House of Representatives, and shall be 
entitled to whatever privileges and immunities are, or hereinafter may 
be, granted to any other nonvoting Delegate to the House of 
Representatives.

SEC. 207. LACK OF EFFECT ON COVENANT.

  No provision of this title shall be construed to alter, amend, or 
abrogate any provision of the covenant referred to in section 202 
except section 901 of the covenant.

SEC. 208. DEFINITION.

  For purposes of this title, the term ``Delegate'' means the Resident 
Representative referred to in section 202.

SEC. 209. CONFORMING AMENDMENTS REGARDING APPOINTMENTS TO MILITARY 
                    SERVICE ACADEMIES BY DELEGATE FROM THE COMMONWEALTH 
                    OF THE NORTHERN MARIANA ISLANDS.

  (a) United States Military Academy.--Section 4342(a)(10) of title 10, 
United States Code, is amended by striking ``resident representative'' 
and inserting ``Delegate in Congress''.
  (b) United States Naval Academy.--Section 6954(a)(10) of such title 
is amended by striking ``resident representative'' and inserting 
``Delegate in Congress''.
  (c) United States Air Force Academy.--Section 9342(a)(10) of such 
title is amended by striking ``resident representative'' and inserting 
``Delegate in Congress''.

                          Purpose of the Bill

    The purpose of H.R. 3079 is to amend the Joint Resolution 
Approving the Covenant to Establish a Commonwealth of the 
Northern Mariana Islands, and for other purposes.

                  Background and Need for Legislation

          TITLE I--IMMIGRATION, SECURITY, AND LABOR ACT (ISLA)

    The Commonwealth of the Northern Mariana Islands (CNMI), a 
U.S. Territory located in the western Pacific Ocean, is an 
archipelago comprised of fourteen islands. The majority of 
CNMI's population lives on three of the most southern islands: 
its capital Saipan, Rota, and Tinian. The CNMI's southernmost 
island is approximately 40 miles north of the U.S. Territory of 
Guam.
    At the end of World War II, the Northern Mariana Islands, 
along with all other islands in the Micronesian region--except 
Guam, Nauru, and Kiribati--became part of the United Nations 
Strategic Trust Territory of the Pacific Islands (TTPI) 
administered by the United States. Under U.S. control, the TTPI 
were assisted in developing both economically and politically 
while playing major roles in the U.S.'s defensive posture in 
the Pacific.
    Consistent with the U.N. trusteeship agreement, the 
Northern Mariana Islands took steps in the early 1970s to 
express their desire for greater self-government. By 1975, 
following negotiations with the U.S. and a subsequent local 
plebiscite, the Northern Mariana Islands submitted its 
``Covenant'' proposal to the U.S. for final approval. After 
favorable consideration by Congress, the Covenant to Establish 
a Commonwealth of the Northern Mariana Islands in Political 
Union with the United States of America (Covenant) was signed 
into law (P.L. 94-241) in 1976 by President Gerald Ford.
    The Covenant, coming into full effect in 1986, conferred 
U.S. citizenship, provided a greater measure of self-
government, and defined the relationship between the U.S. and 
the CNMI. During negotiations with the U.S. over terms of the 
Covenant, NMI officials expressed concern that application of 
certain U.S. laws would have a negative effect on their 
indigenous culture and people, as well as their economic 
development. Recognizing such, the NMI government was given 
temporary responsibility for determining minimum wage laws, 
immigration standards, and an income tax system.
    In the late 1980s and into the 1990s, the CNMI focused on 
developing a garment industry in addition to its growing 
tourism efforts. To fill the labor intensive requirements for 
the garment industry, the CNMI used its local control of 
immigration policy to allow for the recruitment and importation 
of foreign guest workers. The practice of recruiting foreign 
guest workers was made widely available and by the end of the 
1990s, their population swelled to near 40,000 and permeated 
every industry and occupation in the CNMI. Throughout this 
period, the U.S. Congress, the George H. W. Bush 
Administration, and Clinton Administration expressed concerns 
over the CNMI's local use of immigration policy, enforcement of 
labor laws, and also the repeated allegations that foreign 
guest workers were being mistreated and exploited. In spite of 
support from these aforementioned Administrations to extend 
federal immigration laws to the CNMI, Congressional efforts to 
pass legislation were unsuccessful.

Border security concerns

    Since the end of World War II, during the Cold War era, the 
Pacific region has played a major role in U.S. defense 
strategy. In October 2005, the U.S. and Japan agreed to a 
realignment of U.S. military forces in the Pacific. A major 
part of this agreement is the relocation of the 3rd Marine 
Expeditionary Forces, comprising 8,000 active duty personnel, 
to Guam. In addition, the U.S. military has initiated other 
defense planning initiatives for Guam which could include the 
stationing of a Global Hawk unit, periodic rotations of fighter 
and bomber squadrons, establishment of a U.S. Army air defense 
battalion, and other operations critical to U.S. Naval regional 
presence.
    The lack of federal control over CNMI's borders presents a 
security concern given the U.S. military build-up in Guam and 
the Mariana Islands. Though U.S. territory, because immigration 
policy was left to CNMI control, there is no immigration 
infrastructure that the CNMI has in place to ensure the 
identity of visitors or guest workers. The CNMI has no embassy 
or other official presence in foreign countries. Therefore, 
there is no vetting of individuals prior to entry into the 
CNMI. For security reasons, the U.S. does not share security 
information on foreign individuals with the CNMI as part of any 
standard procedure.
    Due to the CNMI's close proximity to Guam (its southernmost 
island is 40 miles from Guam's northern shore); there have been 
many interdictions of vessels carrying foreign nationals 
attempting to penetrate Guam. For the most part, U.S. officials 
have characterized these attempts as being part of human 
trafficking efforts. The U.S. Attorney for Guam has recently 
formed a ``prosecution unit'' to focus on cases involving 
smuggling into Guam.

Economic conditions

    For much of this decade, the CNMI's economic pillars of 
garment manufacturing and tourism have experienced negative 
growth. A study conducted by the GAO in early 2000 estimated 
that these two industries were responsible for ``about 85 
percent of the CNMI's economic activity.'' Since then, however, 
the garment industry, which at its peak in 1999 had sales 
surpassing $1 billion, resulting in nearly 25% (over $50 
million) of the CNMI's total government revenue (over $230 
million), has declined dramatically. Due to the World Trade 
Organization's U.S.-China agreement on trade and tariffs which 
came into effect in 2005, CNMI's garment industry has been cut 
nearly in half--from 34 factories to less than 15, and from $1 
billion in sales to about $450 million.
    Contributing to tourism's decline have been the events of 
September 11, 2001, Asia's financial crisis from the late 1990s 
into the early 2000s, the severe acute respiratory syndrome 
(SARS) Asia epidemic, and rising fuel costs. As a partial 
result of these external events, major domestic and foreign air 
carriers which provided direct flights from Japan and accounted 
for a majority of visitors to the CNMI have discontinued 
service. Tourist arrivals to the CNMI are now more than 40% 
lower than they were a decade ago. This has in turn caused the 
closure of hotels and other tourist-based businesses.
    Decreased CNMI government revenues (estimated to have 
dropped from $248 million in 1997 to $137 million in 2007) 
resulting from the decline in the garment and tourism 
industries have caused the CNMI government to implement 
austerity measures. According to the CNMI, a reduction of 10.5% 
in the government workforce has occurred beginning in 2005 
(from 5,463 to 4,890) and all non-essential employees are 
required to take every other Friday off without pay until FY 
2008.

Social conditions

    Prior to the CNMI engaging in a liberal immigration policy 
to support its burgeoning garment industry, the population--
mostly indigenous Chamorro and Carolinians, all U.S. citizens--
numbered near 15,000. Twenty years later, in 2000, and near the 
height of economic activity, CNMI's population had grown to 
nearly 70,000, 56% percent of whom were non-U.S. citizens.
    The demand for social services has weighed heavily on the 
CNMI government as a result of the growth in population. 
Schools, healthcare, and adequate water are just some of the 
demands the CNMI has been challenged to meet as a result of its 
immigration and economic policies. In addition, the CNMI has 
also undergone criticism for not having had a more progressive 
local policy raising wages to attract more residents (U.S. 
citizens) into the private sector. The enactment of federal 
legislation during the 110th Congress raising the U.S. minimum 
wage to $7.25 per/hour also includes the CNMI, whose current 
minimum wage is $3.05 per/hour.

            TITLE II--NORTHERN MARIANA ISLANDS DELEGATE ACT

    The CNMI is the last and only territory with a permanent 
population that has no permanent voice in Congress. There are 
no other territories, possessions, or former trust territories 
which would meet the historical criteria for a delegate. The 
former Micronesian Trust Territories are now associated 
republics. They have ambassadors, not delegates, and are 
members of the United Nations.
    Populations of the different territories have varied from 
as few as 5,000 to 259,000 when they were first represented by 
a nonvoting delegate. The small population of the CNMI was 
cited by the Marianas Political Status Commission, which 
negotiated the Covenant for the islands, as the reason the CNMI 
was unable to obtain a nonvoting delegate in the Covenant 
despite the backing of the Executive Branch of the federal 
government. The CNMI population of 15,000 (recorded in the 1970 
Census) was considerably less at that time than the populations 
of Guam (86,926) and the Virgin Islands (63,200) had been when 
those territories were provided nonvoting delegates in 1972.
    Two years after approving the Covenant without a provision 
for a CNMI delegate, however, Congress granted a delegate to 
American Samoa with a resident population of 27,000, most of 
whom were not U.S. citizens. According to the 2000 Census, 
today the CNMI has a U.S. citizen population of approximately 
35,000 and a total population of 69,221, demonstrating that the 
CNMI is clearly within the threshold of population established 
by precedents both historical and contemporary.
    H.R. 3079 would provide for a nonvoting delegate to the 
U.S. House of Representatives beginning in the 111th Congress 
to replace the current Resident Representative for the CNMI. It 
would also create a federal office for the CNMI as was created 
for all of the other U.S. jurisdictions. The legislation would 
also provide for the manner in which this new delegate could be 
elected, along with the criteria that would qualify an 
individual for candidacy. These components are all similar to 
those criteria set forth in the CNMI Constitution. H.R. 3079 
would not abrogate the various existing laws established within 
the Covenant.

History of non-voting delegates to Congress

    Territorial delegates have existed in Congress and 
specifically in the U.S. House of Representatives since 1787, 
with the establishment of a government under the Northwest 
Ordinance for the territory northwest of the Ohio River. In 
1898, the U.S. acquired overseas territories (Puerto Rico, the 
Philippines and Guam) at the end of the Spanish-American War. 
Their status within the American family became a subject of 
debate for Congress. Nevertheless, a law was enacted which 
provided a new form of territorial representation for Puerto 
Rico and the Philippines--legally recognized as unincorporated 
territories having only the ``fundamental'' part of the 
Constitution applied. This representation did not grant the 
privileges that are held by today's delegates.
    At this time, there are four non-voting delegates to the 
U.S. House, representing the District of Columbia, American 
Samoa, Guam, and the U.S. Virgin Islands. These positions, 
which were created in the 1970s, have most of the same 
parliamentary rights as any Member of the House, including the 
introduction and co-sponsorship of legislation, the right to 
offer amendments on measures being debated, and voting 
privileges in committees to which they are appointed. However, 
they do not have a right to vote on the floor of the House.

                            Committee Action

    H.R. 3079 was introduced on July 18, 2007, by Delegate 
Donna Christensen (D-VI). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Insular Affairs. On August 15, 2007, the 
Subcommittee held a legislative field hearing in the 
Commonwealth of the Northern Mariana Islands. On November 7, 
2007, the Subcommittee was discharged by unanimous consent and 
the full Natural Resources Committee met to consider the bill.
    Subcommittee on Insular Affairs Chairwoman Christensen 
offered an amendment in the nature of a substitute. The 
Christensen substitute removed the proposed lawful non-
immigrant status for legal long-term non-resident guest 
workers, provided a regional visa waiver program to assist in 
future economic development; and other incentives to further 
develop a skilled resident workforce.
    Delegate Faleomavaega (D-AS) also offered an amendment to 
the Christensen amendment calling on the Secretary of Homeland 
Security to consider any suggestions in adopting and enforcing 
a system to ensure adequate employment made by the CNMI 
Governor. The Faleomavaega amendment was agreed to by voice 
vote.
    The Christensen amendment in the nature of a substitute, as 
amended by the Faleomavaega amendment, was then ordered 
favorably reported to the House of Representatives by voice 
vote.

                      Section-by-Section Analysis

 TITLE I--NORTHERN MARIANA ISLANDS IMMIGRATION, SECURITY, AND LABOR ACT

Sec. 101. Short title

    Section 101 designates Title I of H.R. 3079 as ``The 
Northern Mariana Islands Immigration, Security, and Labor 
Act.''

Sec. 102. Statement of congressional intent

    Section 102(a) expresses Congress's intent to ensure 
effective border control and security by extending the INA with 
special provisions for: phasing out contract workers; 
minimizing adverse economic effects; recognizing local self-
government; assisting the development of the CNMI economy; 
providing opportunities for locals to work; providing for the 
continued use of alien workers as necessary; and protecting 
workers from abuse.
    Section 102(b) states that, in recognition of the CNMI's 
unique circumstances, it be given flexibility to maintain and 
develop businesses and that the Government of the CNMI is fully 
involved in the implementation process.

Sec. 103. Immigration reform for the commonwealth

    Section 103(a) amends the Covenant Act (P.L. 94-241) by 
adding a new Section 6 which would apply the Immigration and 
Nationality Act to the CNMI and establishes a five year 
transition period. Also, this section requires regulations and 
interagency agreement to implement the program for the 
transition period. It further states that non-immigrant workers 
in the CNMI and Guam will not count against the numerical 
limitations set forth in section 214(g) of the INA. The 
Committee notes that the inclusion of Guam in this section 
responds to the labor requirements needed in preparation for 
the planned U.S. military buildup.
    Section 103(a) further provides DHS the authority to 
classify an alien as a nonimmigrant treaty trader if: the alien 
was admitted to the CNMI as an investor before the transition 
program effective date; has continuously maintained residence 
in the CNMI under investor status; is otherwise admissible; and 
maintains the investment that formed the basis for the status.
    The section further provides for a CNMI-Only Transitional 
Worker Program which would be established, administered, and 
enforced by DHS. The Secretaries of Labor, Homeland Security, 
and State would be able to extend the transition period for an 
additional five years; Congressional notification is required.
    The section states that any alien present in the CNMI, at 
the start of the transition program effective date may remain 
in the CNMI and is considered authorized for employment. The 
CNMI government is required to provide all immigration records. 
The Secretary of Homeland Security may execute any U.S. or CNMI 
final order or exclusion, deportation or removal before, on or 
after the transition effective date.
    Section 103(a) further states that upon the transition 
effective date, the provisions of this section and the INA 
shall supersede all laws of the CNMI relating to the admission 
and removal of aliens, and states that no time that an alien is 
in the CNMI in violation of CNMI law shall be counted as 
grounds of inadmissibility under the INA.
    This section would require the Administration, in 
consultation with the CNMI, to report to Congress, no later 
than the second year after enactment on the; include population 
of aliens, status of aliens under federal law, future 
requirements of the CNMI for an alien workforce, and 
recommendations on granting U.S. citizenship or some other 
permanent legal status. The Committee encourages the DHS, and 
all other Federal agencies involved in implementing the 
transition program period, to keep the costs associated with 
the transition program period on employers and non-immigrant 
guest workers at the same level as is currently being assessed 
by the CNMI government under local law.
    Section 103(b) would expand the existing Guam Visa Waver 
Program to include the CNMI. DHS, State, and DOI, acting 
jointly, may waive the requirement for a visa for aliens 
applying to enter Guam and the CNMI for business or pleasure 
for a period not to exceed 45 days if it is determined that an 
adequate arrival and departure system has been developed, and 
such a waiver does not represent a threat to the United States 
and its territories.
    DHS shall, in consultation with State and DOI, promulgate 
all necessary regulations within 180 days of enactment and 
shall include a list of all participating nations, and any 
bonding requirements, if different than those otherwise 
provided. The regulations should include countries for which 
the CNMI has received a significant economic benefit from the 
number of visitors for pleasure within the one-year period 
preceding the date of enactment. In drafting such regulations, 
the Committee encourages DHS to consult with the CNMI tourism 
industry to determine which tourists markets have contributed 
to the benefit of the CNMI economy and that such benefit can be 
measured in terms of hotel occupancy, length of stay, and 
expenditures.
    Section 103(c) would allow the Governors of Guam and the 
CNMI to request DHS to create additional Guam or CNMI-only 
nonimmigrant visa categories if the ones provided for do not 
meet other circumstances.
    Section 103(d) would allow section 212(d)(7) of the INA to 
add that persons seeking entry into the U.S. from the CNMI 
shall be processed using the existing INA authority regarding 
entry from Guam, Puerto Rico, and the USVI, and that any such 
person denied admission to the U.S. shall be immediately 
removed.
    Section 103(e) directs the Secretary of Interior, in 
consultation with the CNMI and the Secretaries of Labor and 
Commerce, to provide technical assistance. Such technical 
assistance should assist to identify opportunities for 
diversification and growth of the CNMI economy, and for 
recruiting, training, and hiring workers first from among U.S. 
citizens and national residents in the CNMI, and then from 
among work-authorized aliens including FAS citizens. They shall 
assist in identifying jobs needed and develop curricula for 
identified job skills that are needed. Assistance grants by 
DOI, except for federal salaries, shall require a non-federal 
match of 10 percent.
    Section 103(f) authorizes the Attorney General and the 
Secretaries of DHS and Labor to establish and maintain offices 
within the CNMI to carry out their duties under this Act and 
the immigration laws of the U.S., and shall, to the maximum 
extent practicable, recruit and hire personnel from among 
qualified U.S. citizen and national applicants residing in the 
CNMI.
    Section 103(g) states that amendments made will take effect 
on the first full month one year after the enactment of this 
Act.
    Section 103(h) requires reports to Congress from the 
President and the Government Accountability Office. It 
authorizes the CNMI government to submit reports to the 
President with its recommendations for future changes, and 
requires that the President shall forward CNMI's reports to the 
Congress with the Administration's comments.
    Section 103(i) would require that the CNMI government not 
permit an increase in the number of alien workers in the CNMI 
as of the date of enactment, and shall administer its non-
refoulement protection program in accordance with its September 
12, 2003 agreement with DOI.
    Section 103(j) provides conforming amendments to the 
Immigration and Naturalization Act.
    Section 103 (k) provides an exemption for Guam, the CNMI, 
and the Virgin Islands for access to other nonimmigrant 
professionals.

Sec. 104. Authorization of appropriations

    Section 104 authorizes such sums as may be necessary to 
carry out this Act.

Sec. 105. Effective date

    Section 105 provides, generally, that this Act shall take 
effect on the date of enactment, but that amendments to the INA 
shall take effect upon the transition program effective date, 
unless specifically provided otherwise.

            TITLE II--NORTHERN MARIANA ISLANDS DELEGATE ACT

Sec. 201. Short title

    Section 201 designates Title II of H.R. 3079 as the 
``Northern Mariana Islands Delegate Act.''

Sec. 202. Delegate to the house of representatives from commonwealth of 
        the northern mariana islands

    Section 202 states that Section 901 of Public Law 94-241 
authorizes the Resident Representative position and that this 
person shall be a nonvoting Delegate to the U.S. House of 
Representatives.

Sec. 203. Election of delegate

    Section 203 provides for the manner in which the CNMI non-
voting Delegate shall be elected, beginning with the federal 
general election of 2008. The CNMI government is authorized to 
provide for primary elections. In case of a vacancy, the office 
of the Delegate shall remain vacant until a successor is 
elected and qualified.

Sec. 204. Qualifications for office of delegate

    Section 204 delineates criteria for candidate eligibility, 
consistent with local CNMI law.

Sec. 205. Determination of election procedure

    Section 205 clarifies which powers within the election 
framework remain within CNMI control, continuing matters of 
local application.

Sec. 206. Compensation, privileges, and immunities

    Section 206 states that all the current Rules of the House 
of Representatives pertaining to Members of Congress, including 
compensation, privileges, and immunities, shall apply to the 
nonvoting delegate created in the legislation.

Sec. 207. Lack of effect on covenant

    Section 207 clarifies that the powers enumerated in the 
Covenant remain.

Sec. 208. Definition

    Section 208 defines ``Delegate'' as the Resident 
Representative mentioned in section 202.

Sec. 209. Conforming amendments regarding appointments to military 
        service academies by delegate from the CNMI

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to modify the boundaries of Grand 
Teton National Park to include certain land located within the 
GT Park Subdivision.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 3079--Northern Mariana Islands Immigration, Security, and Labor 
        Act

    Summary: H.R. 3079 would amend the current law that governs 
the relationship between the United States and the Commonwealth 
of the Northern Mariana Islands (CNMI), a territory of the 
United States, to reform the immigration laws of CNMI. In 
addition, the bill would provide Congressional representation 
for CNMI by creating a nonvoting delegate in the House of 
Representatives beginning in January 2009. CBO estimates that 
implementing H.R. 3079 would result in additional discretionary 
outlays of $10 million over the 2008-2012 period, assuming 
appropriation of the necessary amounts.
    Enacting H.R. 3079 also would increase direct spending for 
payment of the salary of the new nonvoting delegate and the 
costs of associated benefits. CBO estimates that the increase 
in direct spending for Congressional salaries and benefits 
under H.R. 3079 would be about $200,000 in fiscal year 2009 and 
$2 million over the 2009-2017 period. H.R. 3079 also could 
affect revenues, but CBO estimates that any net changes in 
revenues would be insignificant in each year.
    H.R. 3079 contains intergovernmental mandates, as defined 
in the Unfunded Mandates Reform Act (UMRA), because it would 
preempt the immigration laws of CNMI and require that 
government to comply with additional federal requirements. CBO 
estimates that the direct costs of those mandates would be 
small and would not exceed the threshold established in that 
act ($66 million in 2007, adjusted annually for inflation).
    H.R. 3079 also would impose a private-sector mandate, as 
defined in UMRA, on employers in CNMI by restricting the number 
of permits issued to them for temporary alien workers. It also 
would impose private-sector mandates on some aliens lawfully 
residing or working in CNMI by requiring them to leave before 
the end of the term for which they were authorized to stay or 
work. Finally, the bill may impose additional private-sector 
mandates by giving the Secretary of Homeland Security authority 
to regulate immigration in CNMI. CBO cannot determine whether 
the aggregate cost of those mandates would exceed the annual 
threshold established in UMRA ($131 million in 2007, adjusted 
annually for inflation).
    Major Provisions: H.R. 3079 would require the Department of 
Homeland Security (DHS) to develop a program to phase in the 
Immigration and Nationality Act, as modified by H.R. 3079, for 
CNMI. The transition period would begin approximately one year 
from the date of enactment of the bill and would end on 
December 31, 2013. The program would include procedures for 
issuing visas to certain alien workers and investors, family-
sponsored immigrants, and employment-based immigrants.
    The bill would authorize the Department of State to issue 
nonimmigrant visas to admit temporary alien workers to CNMI. 
For temporary alien workers who would not otherwise be eligible 
for admission into CNMI, H.R. 3079 would require that DHS 
establish and administer a system for issuing a decreasing 
number of annual permits to employers allowing them to hire 
such individuals during the transition period.
    H.R. 3079 also would provide Congressional representation 
for CNMI by creating a nonvoting delegate in the House of 
Representatives beginning in January 2009. Under current law, 
the Commonwealth of the Northern Mariana Islands elects a 
Resident Representative who represents the CNMI government in 
the United States but has no official status in the Congress. 
As a nonvoting Member, the delegate would have some of the same 
powers of a full-fledged Member, including the ability to 
introduce bills, offer amendments, and vote in House 
committees, but would not be able to vote on the floor of the 
House. In addition, the delegate would receive the same 
compensation, allowances, and benefits as a Member.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of the bill is shown in the following table. 
The costs of this legislation fall within budget functions 150 
(international affairs), 750 (administration of justice), and 
800 (general government).

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                          ------------------------------------------------------
                                                              2008       2009       2010       2011       2012
----------------------------------------------------------------------------------------------------------------
                                 CHANGES IN SPENDING SUBJECT TO APPROPRIATION\1\

Estimated Authorization Level............................          3          1          2          2          2
Estimated Outlays........................................          2          2          2          2         2
----------------------------------------------------------------------------------------------------------------
\1\In addition to the costs shown above, CBO estimates that enacting H.R. 3079 would increase direct spending by
  about $2 million over the 2009-2017 period. The bill could also affect revenues, but we estimate that any net
  change in revenues would be insignificant in any year.

    Basis of estimate: CBO estimates that implementing H.R. 
3079 would increase discretionary spending by $10 million over 
the 2008-2012 period, assuming appropriation of the necessary 
amounts. In addition, we estimate that enactment of H.R. 3079 
would increase direct spending by about $2 million over the 
2009-2017 period.

Spending subject to appropriation

    This estimate assumes that the bill will be enacted near 
the beginning of calendar year 2008 and that the necessary 
amounts will be appropriated for each year.
    New Representative. Based on the current administrative and 
expense allowances available for Members of the Congress and 
other typical office costs, CBO estimates that the addition of 
a new nonvoting delegate would cost about $1 million in fiscal 
year 2009 and about $7 million over the 2009-2012 period, 
subject to the availability of appropriated funds.
    Department of Homeland Security (DHS). Implementing H.R. 
3079 would require DHS to establish a system to carry out 
immigration adjudications, inspections, and related activities 
in CNMI. We expect that by 2010 the department would cover its 
costs by collecting fees from applicants for visas. Based on 
information from DHS, we estimate that the department would 
need an appropriation of about $3 million for start-up costs in 
2008, including information technology systems, facilities and 
other infrastructure, and for relocating and training 
personnel.

Direct spending and receipts

    Enacting H.R. 3079 would increase direct spending for 
paying the salary of the new nonvoting delegate and the costs 
of associated benefits. CBO estimates that the increase in 
direct spending for Congressional salaries and benefits would 
be about $2 million over the 2009-2017 period. That estimate 
assumes that the current Congressional salary of $165,200 a 
year would be adjusted for inflation in future years.
    Enacting H.R. 3079 would increase collections of 
immigration fees by DHS beginning in fiscal year 2009. Because 
DHS could spend such collections without further appropriation, 
the provision would have no significant net impact on direct 
spending.
    The Department of State also would collect certain fees for 
immigrant and nonimmigrant visas, but we estimate that such 
collections would be offset by higher spending on consular 
programs and thus would have a negligible net effect on direct 
spending.
    Estimated impact on state, local, and tribal government: 
H.R. 3079 contains several intergovernmental mandates as 
defined in UMRA. The bill would amend the covenant between the 
United States and the CNMI to apply federal immigration laws to 
the commonwealth. Current law preserves CNMI's authority to 
administer its own immigration policies, so the preemption 
would be a mandate as defined in UMRA. The bill also would 
require CNMI to enforce a cap on alien workers until the 
preemption goes into effect, provide certain information to 
DHS, and operate its refugee program in compliance with an 
expired agreement with the Department of the Interior. CBO 
estimates that the preemption of local immigration laws would 
impose no costs on the CNMI government; the other requirements 
would not result in a significant increase in the workload of 
the commonwealth immigration staff. The total cost of complying 
with the mandates in the bill would be below the threshold 
established in UMRA ($66 million in 2007, adjusted annually for 
inflation).
    The bill would authorize CNMI to be represented in the U.S. 
Congress by CNMI's Resident Representative. If CNMI chooses to 
select a delegate, it would have to hold biennial elections in 
even years. (All CNMI elections now take place in odd years.) 
Based on information provided by CNMI officials, CBO estimates 
that the cost of each election would be about $25,000. CNMI 
would save substantially more than that, however, because it 
would no longer pay for a Resident Representative in 
Washington, D.C., once a delegate is elected and in place. The 
expenses of the delegate's office would be paid by the federal 
government.
    Estimated impact on the private sector: The bill would 
replace the CNMI immigration system with U.S. immigration laws. 
In addition, the bill would authorize the Secretary of Homeland 
Security to oversee the transition from CNMI laws to U.S. laws. 
In doing so, it would impose a private-sector mandate, as 
defined in UMRA, on employers in CNMI by restricting the number 
of permits allocated for temporary alien workers. CBO cannot 
estimate the cost to employers since we cannot predict the 
extent to which the provision would reduce the number of 
temporary alien workers in CNMI.
    H.R. 3079 also would impose a private-sector mandate on 
some aliens lawfully residing or working in CNMI by requiring 
them to leave the islands before the end of the term for which 
they were authorized to stay or work. Under the bill, no alien 
lawfully admitted into CNMI would be allowed to stay for more 
than two years after commencement of the transition period, 
regardless of whether they are authorized to remain for a 
longer period of time. CBO cannot estimate the cost of 
complying with that mandate because we cannot predict the 
number of lawfully admitted aliens that would be required to 
leave or the cost they would incur.
    The bill could impose additional private-sector mandates as 
a result of regulations established by the Secretary to 
implement the new immigration system. Because of the multiple 
uncertainties associated with those mandates, CBO cannot 
determine whether the aggregate cost of the mandates would 
exceed the annual threshold established in UMRA for private-
sector mandates ($131 million in 2007, adjusted annually for 
inflation).
    Estimate prepared by: Federal spending: DHS--Mark 
Grabowicz; CNMI Representative--Matthew Pickford; State 
Department--Sunita D'Monte. Impact on state, local, and tribal 
governments: Elizabeth Cove and Melissa Merrell. Impact on the 
private sector: MarDestinee C. Perez.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 3079 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or (f) of rule XXI.

               Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                   JOINT RESOLUTION OF MARCH 24, 1976

                          (Public Law 94-241)

Joint Resolution To approve the ``Covenant To Establish a Commonwealth 
  of the Northern Mariana Islands in Political Union with the United 
              States of America'', and for other purposes.

  Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the 
Covenant to Establish a Commonwealth of the Northern Mariana 
Islands in Political Union with the United States of America, 
the text of which is as follows, is hereby approved.

           *       *       *       *       *       *       *
                              ``Article V

``APPLICABILTY OF LAWS

           *       *       *       *       *       *       *

  ``Section 503. The following laws of the United States, 
presently inapplicable to the Trust Territory of the Pacific 
Islands, will not apply to the Northern Mariana Islands except 
in the manner and to the extent made applicable to them by the 
Congress by law after termination of the Trusteeship Agreement:
          [``(a) except as otherwise provided in Section 506, 
        the immigration and naturalization laws of the United 
        States;]
          ``[(b)] (a) except as otherwise provided in 
        Subsection (b) of Section 502, the coastwise laws of 
        the United States and any prohibition in the laws of 
        the United States against foreign vessels landing fish 
        or unfinished fish products in the United States; and
          ``[(c)] (b) the minimum wage provisions of Section 6, 
        Act of June 25, 1938, 52 Stat. 1062, as amended.

           *       *       *       *       *       *       *

  [``Section 506. (a) Notwithstanding the provisions of 
Subsection 503 (a), upon the effective date of this Section the 
Northern Mariana Islands will be deemed to be a part of the 
United States under the Immigration and Nationality Act, as 
amended for the following purposes only, and the said Act will 
apply to the Northern Mariana Islands to the extent indicated 
in each of the following Subsections of this Section.
  [``(b) With respect to children born abroad to United States 
citizen or non-citizen national parents permanently residing in 
the Northern Mariana Islands the provisions of Sections 301 and 
308 of the said Act will apply.
  [``(c) With respect to aliens who are `immediate relatives'' 
(as defined in Subsection 201(b) of the said Act) of United 
States citizens who are permanently residing in the Northern 
Mariana Islands all the provisions of the said Act will apply, 
commencing when a claim is made to entitlement to `immediate 
relative' status. A person who is certified by the Government 
of the Northern Mariana Islands both to have been a lawful 
permanent resident of the Northern Mariana Islands and to have 
had the `immediate relative' relationship denoted herein on the 
effective date of this Section will be presumed to have been 
admitted to the United States for lawful permanent residence as 
of that date without the requirement of any of the usual 
procedures set forth in the said Act. For the purpose of the 
requirements of judicial naturalization, the Northern Mariana 
Islands will be deemed to constitute a State as defined in 
Subsection 101(a) paragraph (36) of the said Act. The Courts of 
record of the Northern Mariana Islands and the District Court 
for the Northern Mariana Islands will be included among the 
courts specified in Subsection 310(a) of the said Act and will 
have jurisdiction to naturalize persons who become eligible 
under this Section and who reside within their respective 
jurisdictions.
  [``(d) With respect to persons who will become citizens or 
nationals of the United States under Article III of this 
Covenant or under this Section the loss of nationality 
provisions of the said Act will apply.]

           *       *       *       *       *       *       *

                             ``Article VII

``UNITED STATES FINANCIAL ASSISTANCE

           *       *       *       *       *       *       *

  ``Section 703 (a) * * *
  ``(b) There will be paid into the Treasury of the Government 
of the Northern Mariana Islands, to be expended to the benefit 
of the people thereof as that Government may by law prescribe, 
the proceeds of all customs duties and federal income taxes 
derived from the Northern Mariana Islands, the proceeds of all 
taxes collected under the internal revenue laws of the United 
States on articles produced in the Northern Mariana Islands and 
transported to the United States, its territories or 
possessions, or consumed in the Northern Mariana Islands, the 
proceeds of any other taxes which may be levied by the Congress 
on the inhabitants of the Northern Mariana Islands, and all 
[quarantine, passport, immigration and naturalization] 
quarantine and passport fees collected in the Northern Mariana 
Islands, except that nothing in this Section shall be construed 
to apply to any tax imposed by Chapters 2 or 21 of Title 26, 
United States Code.

           *       *       *       *       *       *       *

SEC. 3. IMMIGRATION AND TRANSITION.

  (a) Application of the Immigration and Nationality Act and 
Establishment of a Transition Program.--
          (1) In general.--Subject to paragraphs (2) and (3), 
        effective on the first day of the first full month 
        commencing 1 year after the date of enactment of the 
        Northern Mariana Islands Immigration, Security, and 
        Labor Act (hereafter referred to as the ``transition 
        program effective date''), the provisions of the 
        ``immigration laws'' (as defined in section 101(a)(17) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(17))) shall apply to the Commonwealth of the 
        Northern Mariana Islands (referred to in this section 
        as the ``Commonwealth''), except as otherwise provided 
        in this section.
          (2) Transition period.--There shall be a transition 
        period beginning on the transition program effective 
        date and ending December 31, 2013, except as provided 
        in subsections (b) and (d), during which the Secretary 
        of Homeland Security, in consultation with the 
        Secretary of State, the Attorney General, the Secretary 
        of Labor, and the Secretary of the Interior, shall 
        establish, administer, and enforce a transition program 
        to regulate immigration to the Commonwealth, as 
        provided in this section (hereafter referred to as the 
        ``transition program'').
          (3) Delay of commencement of transition period.--
                  (A) In general.--The Secretary of Homeland 
                Security, in the Secretary's sole discretion, 
                in consultation with the Secretary of the 
                Interior, the Secretary of Labor, the Secretary 
                of State, the Attorney General, and the 
                Governor of the Commonwealth, may request that 
                the transition program effective date be 
                delayed for a period not to exceed more than 
                180 days after such date.
                  (B) Congressional notification.--The 
                Secretary of Homeland Security shall notify the 
                Congress of a request under subparagraph (A) 
                not later than 30 days prior to the transition 
                program effective date.
                  (C) Congressional review.--A delay of the 
                transition program effective date shall not 
                take effect until 30 days after the date on 
                which the request under subparagraph (A) is 
                made.
          (4) Requirement for regulations.--The transition 
        program shall be implemented pursuant to regulations to 
        be promulgated, as appropriate, by the head of each 
        agency or department of the United States having 
        responsibilities under the transition program.
          (5) Interagency agreements.--The Secretary of 
        Homeland Security, the Secretary of State, the 
        Secretary of Labor, and the Secretary of the Interior 
        shall negotiate and implement agreements among their 
        agencies to identify and assign their respective duties 
        so as to ensure timely and proper implementation of the 
        provisions of this section. The agreements should 
        address, at a minimum, procedures to ensure that 
        Commonwealth employers have access to adequate labor, 
        and that tourists, students, retirees, and other 
        visitors have access to the Commonwealth without 
        unnecessary delay or impediment. The agreements may 
        also allocate funding between the respective agencies 
        tasked with various responsibilities under this 
        section.
          (6) Certain education funding.--Except as otherwise 
        provided, fees collected pursuant to section 703(b) 
        shall be paid into the Treasury of the Commonwealth 
        government for the purpose of funding ongoing 
        vocational educational curricula and program 
        development by Commonwealth educational entities. Fees 
        paid into the Treasury of the Commonwealth under this 
        paragraph shall not exceed fees collected by the 
        Commonwealth government under local law and deposited 
        into the Nonresident Worker Fee Fund for the year 
        preceding the date of enactment of the Northern Mariana 
        Islands Immigration, Security, and Labor Act and shall 
        only be paid under this subsection for the duration of 
        the transition program period.
          (7) Asylum.--Section 208 of the Immigration and 
        Nationality Act (8 U.S.C. 1158) shall not apply during 
        the transition period to persons physically present in 
        the Commonwealth or arriving in the Commonwealth 
        (whether or not at a designated port of arrival), 
        including persons brought to the Commonwealth after 
        having been interdicted in international or United 
        States waters.
  (b) Numerical Limitations for Nonimmigrant Workers.--An 
alien, if otherwise qualified, may seek admission to Guam or to 
the Commonwealth on or after the transition program effective 
date as a nonimmigrant worker under section 101(a)(15)(H) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) 
without counting against the numerical limitations set forth in 
section 214(g) of such Act (8 U.S.C. 1184(g)). This subsection 
does not apply to any employment to be performed outside of 
Guam or the Commonwealth.
  (c) Nonimmigrant Investor Visas.--
          (1) In general.--Notwithstanding the treaty 
        requirements in section 101(a)(15)(E) of the 
        Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(E)), during the transition period, the 
        Secretary of Homeland Security may, upon the 
        application of an alien, classify an alien as a CNMI-
        only nonimmigrant under section 101(a)(15)(E)(ii) of 
        the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(E)(ii)) if the alien--
                  (A) has been admitted to the Commonwealth in 
                long-term investor status under the immigration 
                laws of the Commonwealth before the transition 
                program effective date;
                  (B) has continuously maintained residence in 
                the Commonwealth under long-term investor 
                status;
                  (C) is otherwise admissible; and
                  (D) maintains the investment or investments 
                that formed the basis for such long-term 
                investor status.
          (2) Requirement for regulations.--Not later than 180 
        days after the transition program effective date, the 
        Secretary of Homeland Security shall publish 
        regulations in the Federal Register to implement this 
        subsection.
          (3) Interim procedures.--The Secretary of Homeland 
        Security shall treat an alien who meets the 
        requirements of paragraph (1) as a nonimmigrant under 
        section 101(a)(15)(E)(ii) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)(E)(ii)) until the 
        regulations implementing this subsection are published.
  (d) Special Provision To Ensure Adequate Employment; 
Commonwealth Only Transitional Workers.--An alien who is 
seeking to enter the Commonwealth as a nonimmigrant worker may 
be admitted to perform work during the transition period 
subject to the following requirements:
          (1) Such an alien shall be treated as a nonimmigrant 
        described in section 101(a)(15) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)), including the 
        ability to apply, if otherwise eligible, for a change 
        of nonimmigrant classification under section 248 of 
        such Act (8 U.S.C. 1258), or adjustment of status, if 
        eligible therefor, under this section and section 245 
        of such Act (8 U.S.C. 1255).
          (2) The Secretary of Homeland Security shall 
        establish, administer, and enforce a system for 
        allocating and determining the number, terms, and 
        conditions of permits to be issued to prospective 
        employers for each such nonimmigrant worker described 
        in this subsection who would not otherwise be eligible 
        for admission under the Immigration and Nationality Act 
        (8 U.S.C. 1101 et seq.). In adopting and enforcing this 
        system, the Secretary shall also consider, not later 
        than 30 days after receipt by the Secretary, any 
        comments and advice submitted by the Governor of the 
        Commonwealth. This system shall provide for a reduction 
        in the allocation of permits for such workers on an 
        annual basis, to zero, during a period not to extend 
        beyond December 31, 2013, unless extended pursuant to 
        paragraph 5 of this subsection, and shall take into 
        account the number of petitions granted under 
        subsection (i). In no event shall a permit be valid 
        beyond the expiration of the transition period. This 
        system may be based on any reasonable method and 
        criteria determined by the Secretary of Homeland 
        Security to promote the maximum use of, and to prevent 
        adverse effects on, wages and working conditions of 
        workers authorized to be employed in the United States, 
        including lawfully admissible freely associated state 
        citizen labor. No alien shall be granted nonimmigrant 
        classification or a visa under this subsection unless 
        the permit requirements established under this 
        paragraph have been met.
          (3) The Secretary of Homeland Security shall set the 
        conditions for admission of such an alien under the 
        transition program, and the Secretary of State shall 
        authorize the issuance of nonimmigrant visas for such 
        an alien to engage in employment only as authorized in 
        this subsection. Such a visa shall not be valid for 
        admission to the United States, as defined in section 
        101(a)(38) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(38)), except admission to the 
        Commonwealth. An alien admitted to the Commonwealth on 
        the basis of such a visa shall be permitted to engage 
        in employment only as authorized pursuant to the 
        transition program.
          (4) Such an alien shall be permitted to transfer 
        between employers in the Commonwealth during the period 
        of such alien's authorized stay therein, without 
        advance permission of the employee's current or prior 
        employer, within the alien's occupational category or 
        another occupational category the Secretary of Homeland 
        Security has found requires alien workers to supplement 
        the resident workforce.
          (5)(A) Not later than 180 days prior to the 
        expiration of the transition period, or any extension 
        thereof, the Secretary of Labor, in consultation with 
        the Secretary of Homeland Security, the Secretary of 
        the Interior, and the Governor of the Commonwealth, 
        shall ascertain the current and anticipated labor needs 
        of the Commonwealth and determine whether an extension, 
        in up to a 5-year increment, of the provisions of this 
        subsection are necessary to ensure an adequate number 
        of workers will be available for legitimate businesses 
        in the Commonwealth. For the purpose of this 
        subparagraph, a business shall not be considered 
        legitimate if it engages directly or indirectly in 
        prostitution, trafficking in minors, or any other 
        activity that is illegal under Federal or local law. 
        The determinations of whether a business is legitimate 
        and to what extent, if any, it may require alien 
        workers to supplement the resident workforce, shall be 
        made by the Secretary of Homeland Security, in the 
        Secretary's sole discretion, and shall not be 
        reviewable.
          (B) If the Secretary of Labor determines that such an 
        extension is necessary to ensure an adequate number of 
        workers for legitimate businesses in the Commonwealth, 
        the Secretary of Labor may, through notice published in 
        the Federal Register, provide for 1 or more extension 
        periods of up to 5 years for each such extension 
        period.
          (C) In making the determination of whether alien 
        workers are necessary to ensure an adequate number of 
        workers for legitimate businesses in the Commonwealth, 
        and if so, the number of such workers that are 
        necessary, the Secretary of Labor may consider, among 
        other relevant factors--
                  (i) government, industry, or independent 
                workforce studies reporting on the need, or 
                lack thereof, for alien workers in the 
                Commonwealth's businesses;
                  (ii) the unemployment rate of United States 
                citizen workers residing in the Commonwealth;
                  (iii) the unemployment rate of aliens in the 
                Commonwealth who have been lawfully admitted 
                for permanent residence;
                  (iv) the number of unemployed alien workers 
                in the Commonwealth;
                  (v) any good faith efforts to locate, 
                educate, train, or otherwise prepare United 
                States citizen residents, lawful permanent 
                residents, and unemployed alien workers already 
                within the Commonwealth, to assume those jobs;
                  (vi) any available evidence tending to show 
                that United States citizen residents, lawful 
                permanent residents, and unemployed alien 
                workers already in the Commonwealth are not 
                willing to accept jobs of the type offered;
                  (vii) the extent to which admittance of alien 
                workers will affect the compensation, benefits, 
                and living standards of existing workers within 
                those industries and other industries 
                authorized to employ alien workers; and
                  (viii) the prior use, if any, of alien 
                workers to fill those industry jobs, and 
                whether the industry is overly and 
                unnecessarily reliant on alien workers.
          (6) The Secretary of Homeland Security may authorize 
        the admission of a spouse or minor child accompanying 
        or following to join a worker admitted pursuant to this 
        subsection.
  (e) Persons Lawfully Admitted Under the Commonwealth 
Immigration Law.--
          (1) Prohibition on removal.--
                  (A) In general.--Subject to subparagraph (B), 
                no alien who is lawfully present in the 
                Commonwealth pursuant to the immigration laws 
                of the Commonwealth on the transition program 
                effective date shall be removed from the United 
                States on the grounds that such alien's 
                presence in the Commonwealth is in violation of 
                section 212(a)(6)(A) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(a)(6)(A)), until 
                the earlier of the date--
                          (i) of the completion of the period 
                        of the alien's admission under the 
                        immigration laws of the Commonwealth; 
                        or
                          (ii) that is 2 years after the 
                        transition program effective date.
                  (B) Limitations.--Nothing in this subsection 
                shall be construed to prevent or limit the 
                removal under subparagraph 212(a)(6)(A) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(a)(6)(A)) of such an alien at any time, if 
                the alien entered the Commonwealth after the 
                date of enactment of the Northern Mariana 
                Islands Immigration, Security, and Labor Act, 
                and the Secretary of Homeland Security has 
                determined that the alien entered the 
                Commonwealth in violation of this section.
          (2) Employment authorization.--An alien who is 
        lawfully present and authorized to be employed in the 
        Commonwealth pursuant to the immigration laws of the 
        Commonwealth on the transition program effective date 
        shall be considered authorized by the Secretary of 
        Homeland Security to be employed in the Commonwealth 
        until the earlier of the date--
                  (A) of expiration of the alien's employment 
                authorization under the immigration laws of the 
                Commonwealth; or
                  (B) that is 2 years after the transition 
                program effective date.
          (3) Registration.--The Secretary of Homeland Security 
        may require any alien present in the Commonwealth on or 
        after the transition period effective date to register 
        with the Secretary in such a manner, and according to 
        such schedule, as he may in his unreviewable discretion 
        require. Paragraphs (1) and (2) of this subsection 
        shall not apply to any alien who fails to comply with 
        such registration requirement. Notwithstanding any 
        other law, the Government of the Commonwealth shall 
        provide to the Secretary all Commonwealth immigration 
        records or other information that the Secretary deems 
        necessary to assist the implementation of this 
        paragraph or other provisions of the Northern Mariana 
        Islands Immigration, Security, and Labor Act. Nothing 
        in this paragraph shall modify or limit section 262 of 
        the Immigration and Nationality Act (8 U.S.C. 1302) or 
        other provision of the Immigration and Nationality Act 
        relating to the registration of aliens.
          (4) Removable aliens.--Except as specifically 
        provided in paragraph (1)(A) of this subsection, 
        nothing in this subsection shall prohibit or limit the 
        removal of any alien who is removable under the 
        Immigration and Nationality Act.
          (5) Prior orders of removal.--The Secretary of 
        Homeland Security may execute any administratively 
        final order of exclusion, deportation or removal issued 
        under authority of the immigration laws of the United 
        States before, on, or after the transition period 
        effective date, or under authority of the immigration 
        laws of the Commonwealth before the transition period 
        effective date, upon any subject of such order found in 
        the Commonwealth on or after the transition period 
        effective date, regardless whether the alien has 
        previously been removed from the United States or the 
        Commonwealth pursuant to such order.
  (f) Effect on Other Laws.--The provisions of this section and 
of the immigration laws, as defined in section 101(a)(17) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)), 
shall, on the transition program effective date, supersede and 
replace all laws, provisions, or programs of the Commonwealth 
relating to the admission of aliens and the removal of aliens 
from the Commonwealth.
  (g) Accrual of Time for Purposes of Section 212(a)(9)(B) of 
the Immigration and Nationality Act.--No time that an alien is 
present in the Commonwealth in violation of the immigration 
laws of the Commonwealth shall be counted for purposes of 
inadmissibility under section 212(a)(9)(B) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(9)(B)).
  (h) Report on Nonresident Guestworker Population.--The 
Secretary of the Interior, in consultation with the Secretary 
of Homeland Security, and the Governor of the Commonwealth, 
shall report to the Congress not later than 2 years after the 
date of the enactment of the Northern Mariana Islands 
Immigration, Security, and Labor Act. The report shall 
include--
          (1) the number of aliens residing in the 
        Commonwealth;
          (2) a description of the legal status (under Federal 
        law) of such aliens;
          (3) in five year increments, the number of years each 
        alien has been residing in the Commonwealth;
          (4) the current and future requirements for the 
        Commonwealth economy of an alien workforce; and
          (5) recommendations to the Congress related to 
        granting alien workers lawfully present in the 
        Commonwealth on the date of the enactment of such Act 
        United States citizenship or some other permanent legal 
        status.
  (i) Statutory Construction.--Nothing in this section may be 
construed to count the issuance of any visa to an alien, or the 
grant of any admission of an alien, under this section toward 
any numerical limitation contained in the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.).
                              ----------                               
-

                    IMMIGRATION AND NATIONALITY ACT

 -

           *       *       *       *       *       *       *
                            TITLE I--GENERAL

                              DEFINITIONS

  Section 101. (a) As used in this Act--
  (1) * * *

           *       *       *       *       *       *       *

  (15) The term ``immigrant'' means every alien except an alien 
who is within one of the following classes of nonimmigrant 
aliens--
          (A) * * *

           *       *       *       *       *       *       *

          (D)(i) * * *
          (ii) an alien crewman serving in good faith as such 
        in any capacity required for normal operations and 
        service aboard a fishing vessel having its home port or 
        an operating base in the United States who intends to 
        land temporarily in Guam or the Commonwealth of the 
        Northern Mariana Islands and solely in pursuit of his 
        calling as a crewman and to depart from Guam or the 
        Commonwealth of the Northern Mariana Islands with the 
        vessel on which he arrived;

           *       *       *       *       *       *       *

  (36) The term ``State'' includes the District of Columbia, 
Puerto Rico, Guam, [and the Virgin Islands of the United 
States] the Virgin Islands of the United States, and the 
Commonwealth of the Northern Mariana Islands.

           *       *       *       *       *       *       *

  (38) The term ``United States'', except as otherwise 
specifically herein provided, when used in a geographical 
sense, means the continental United States, Alaska, Hawaii, 
Puerto Rico, Guam, [and the Virgin Islands of the United 
States] the Virgin Islands of the United States, and the 
Commonwealth of the Northern Mariana Islands.

           *       *       *       *       *       *       *

                         TITLE II--IMMIGRATION

Chapter 1--Selection System

           *       *       *       *       *       *       *

                                 ASYLUM

  Sec. 208. (a) * * *

           *       *       *       *       *       *       *

  (e) Commonwealth of the Northern Mariana Islands.--The 
provisions of this section and section 209(b) of this Act shall 
apply to persons physically present in the Commonwealth of the 
Northern Mariana Islands or arriving in the Commonwealth 
(whether or not at a designated port of arrival and including 
persons who are brought to the Commonwealth after having been 
interdicted in international or United States waters) only on 
or after January 1, 2018.

           *       *       *       *       *       *       *

 Chapter 2--Qualifications for Admission of Aliens; Travel Control of 
Citizens and Aliens

           *       *       *       *       *       *       *

 GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE 
               FOR ADMISSION; WAIVERS OF INADMISSIBILITY

  Sec. 212. (a) Classes of Aliens Ineligible for Visas or 
Admission.--Except as otherwise provided in this Act, aliens 
who are inadmissible under the following paragraphs are 
ineligible to receive visas and ineligible to be admitted to 
the United States:
  (1) * * *

           *       *       *       *       *       *       *

  (7) Documentation requirements.--
          (A) * * *
          (B) Nonimmigrants.--
                  (i) * * *
                  [(iii) Guam visa waiver.--For provision 
                authorizing waiver of clause (i) in the case of 
                visitors to Guam, see subsection (l).]
                  (iii) Guam and northern mariana islands visa 
                waiver.--For provision authorizing waiver of 
                clause (i) in the case of visitors to Guam or 
                the Commonwealth of the Northern Mariana 
                Islands, see subsection (l). -

           *       *       *       *       *       *       *

  (d)(1)  * * *

           *       *       *       *       *       *       *

  (7) The provisions of subsection (a) (other than paragraph 
(7)) shall be applicable to any alien who shall leave Guam, the 
Commonwealth of the Northern Mariana Islands, Puerto Rico, or 
the Virgin Islands of the United States, and who seeks to enter 
the continental United States or any other place under the 
jurisdiction of the United States. Any alien described in this 
paragraph, who is denied admission to the United States, shall 
be immediately removed in the manner provided by section 241(c) 
of this Act.

           *       *       *       *       *       *       *

  [(l)(1) The requirement of paragraph (7)(B)(i) of subsection 
(a) of this section may be waived by the Attorney General, the 
Secretary of State, and the Secretary of the Interior, acting 
jointly, in the case of an alien applying for admission as a 
nonimmigrant visitor for business or pleasure and solely for 
entry into and stay on Guam for a period not to exceed fifteen 
days, if the Attorney General, the Secretary of State and the 
Secretary of the Interior, after consultation with the Governor 
of Guam, jointly determine that--
          [(A) an adequate arrival and departure control system 
        has been developed on Guam, 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) 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 of an 
        immigration officer's determination as to the 
        admissibility of the alien at the port of entry into 
        Guam, or
          [(B) to contest, other than on the basis of an 
        application for asylum, any action for removal of the 
        alien.
  [(3) If adequate appropriated funds to carry out this 
subsection are not otherwise available, the Attorney General is 
authorized to accept from the Government of Guam such funds as 
may be tendered to cover all or any part of the cost of 
administration and enforcement of this subsection.]
  (l) Guam and Northern Mariana 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 for a 
        period not to exceed 45 days, if the Secretary of the 
        Interior, after consultation with the Secretary of 
        Homeland Security, the Secretary of State, the Governor 
        of Guam and the Governor of the Commonwealth of the 
        Northern Mariana Islands, determines that--
                  (A) an adequate arrival and departure control 
                system has been 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 
                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
                  (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, 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, on or before the 180th day after the date of the 
        enactment of the Northern Mariana Islands Immigration, 
        Security, and Labor Act. 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 the 
                enactment of the Northern Mariana Islands 
                Immigration, Security, and Labor Act; 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 the 
        Interior, in consultation with the Secretary of 
        Homeland Security, 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 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, 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 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 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 may request the Secretary of the 
        Interior to add a particular country to the list of 
        countries whose nationals may obtain the waiver 
        provided by this subsection, and the Secretary may 
        grant such request after consultation with the 
        Secretary of Homeland Security 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.

           *       *       *       *       *       *       *

                       ADMISSION OF NONIMMIGRANTS

  Sec. 214. (a)(1) The admission to the United States of any 
alien as a nonimmigrant shall be for such time and under such 
conditions as the Attorney General may by regulations 
prescribe, including when he deems necessary the giving of a 
bond with sufficient surety in such sum and containing such 
conditions as the Attorney General shall prescribe, to insure 
that at the expiration of such time or upon failure to maintain 
the status under which he was admitted, or to maintain any 
status subsequently acquired under section 248, such alien will 
depart from the United States. No alien admitted to [Guam] Guam 
or the Commonwealth of the Northern Mariana Islands without a 
visa pursuant to section 212(l) may be authorized to enter or 
stay in the United States other than in [Guam] Guam or the 
Commonwealth of the Northern Mariana Islands or to remain in 
[Guam] Guam or the Commonwealth of the Northern Mariana Islands 
for a period exceeding fifteen days from date of admission to 
[Guam] Guam or the Commonwealth of the Northern Mariana 
Islands. No alien admitted to the United States without a visa 
pursuant to section 217 may be authorized to remain in the 
United States as a nonimmigrant visitor for a period exceeding 
90 days from the date of admission.

           *       *       *       *       *       *       *

   Chapter 4--Inspection, Apprehension, Examination, Exclusion, and 
Removal

           *       *       *       *       *       *       *

 INSPECTION BY IMMIGRATION OFFICERS; EXPEDITED REMOVAL OF INADMISSIBLE 
                 ARRIVING ALIENS; REFERRAL FOR HEARING

  Sec. 235. (a) * * *
  (b) Inspection of Applicants for Admission.--
          (1) Inspection of aliens arriving in the united 
        states and certain other aliens who have not been 
        admitted or paroled.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (G) Commonwealth of the northern mariana 
                islands.--Nothing in this subsection shall be 
                construed to authorize or require any person 
                described in section 208(e) of this Act to be 
                permitted to apply for asylum under section 208 
                of this Act at any time before January 1, 2018.

           *       *       *       *       *       *       *

               Chapter 5--Adjustment and Change of Status

  ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR 
                          PERMANENT RESIDENCE

  Sec. 245. (a) * * *
  (c) Other than an alien having an approved petition for 
classification as a VAWA self-petitioner, subsection (a) shall 
not be applicable to (1) an alien crewman; (2) subject to 
subsection (k), an alien (other than an immediate relative as 
defined in section 201(b) or a special immigrant described in 
section 101(a)(27)(H), (I), (J), or (K)) who hereafter 
continues in or accepts unauthorized employment prior to filing 
an application for adjustment of status or who is in unlawful 
immigration status on the date of filing the application for 
adjustment of status or who has failed (other than through no 
fault of his own or for technical reasons) to maintain 
continuously a lawful status since entry into the United 
States; (3) any alien admitted in transit without visa under 
section 212(d)(4)(C); (4) an alien (other than an immediate 
relative as defined in section 201(b)) who was admitted as a 
nonimmigrant visitor without a visa under section 212(l), 
section 212(o), section 217; (5) an alien who was admitted as a 
nonimmigrant described in section 101(a)(15)(S), (6) an alien 
who is deportable under section 237(a)(4)(B); (7) any alien who 
seeks adjustment of status to that of an immigrant under 
section 203(b) and is not in a lawful nonimmigrant status; or 
(8) any alien who was employed while the alien was an 
unauthorized alien, as defined in section 274A(h)(3), or who 
has otherwise violated the terms of a nonimmigrant visa.

           *       *       *       *       *       *       *

                 CHANGE OF NONIMMIGRANT CLASSIFICATION

  Sec. 248. (a) The Secretary of Homeland Security may, under 
such conditions as he may prescribe, authorize a change from 
any nonimmigrant classification to any other nonimmigrant 
classification in the case of any alien lawfully admitted to 
the United States as a nonimmigrant who is continuing to 
maintain that status and who is not inadmissible under section 
212(a)(9)(B)(i) (or whose inadmissibility under such section is 
waived under section 212(a)(9)(B)(v)), except (subject to 
subsection (b)) in the case of--
  (1) * * *

           *       *       *       *       *       *       *

  (4) an alien admitted as a nonimmigrant visitor without a 
visa under section 212(l), section 212(o), or section 217.

           *       *       *       *       *       *       *

                              ----------                              

                      TITLE 10, UNITED STATES CODE

           *       *       *       *       *       *       *
Subtitle B--Army

           *       *       *       *       *       *       *

PART III--TRAINING

           *       *       *       *       *       *       *

CHAPTER 403--UNITED STATES MILITARY ACADEMY

           *       *       *       *       *       *       *

Sec. 4342. Cadets: appointment; numbers, territorial distribution

  (a) The authorized strength of the Corps of Cadets of the 
Academy (determined for any year as of the day before the last 
day of the academic year) is 4,000 or such higher number as may 
be prescribed by the Secretary of the Army under subsection 
(j). Subject to that limitation, cadets are selected as 
follows:
          (1) * * *

           *       *       *       *       *       *       *

          (10) One cadet from the Commonwealth of the Northern 
        Mariana Islands, nominated by the [resident 
        representative] Delegate in Congress from the 
        commonwealth.

           *       *       *       *       *       *       *

Subtitle C--Navy and Marine Corps

           *       *       *       *       *       *       *

PART III--EDUCATION AND TRAINING

           *       *       *       *       *       *       *

CHAPTER 603--UNITED STATES NAVAL ACADEMY

           *       *       *       *       *       *       *

Sec. 6954. Midshipmen: number

  (a) The authorized strength of the Brigade of Midshipmen 
(determined for any year as of the day before the last day of 
the academic year) is 4,000 or such higher number as may be 
prescribed by the Secretary of the Navy under subsection (h). 
Subject to that limitation, midshipmen are selected as follows:
          (1) * * *

           *       *       *       *       *       *       *

          (10) One from the Commonwealth of the Northern 
        Mariana Islands, nominated by the [resident 
        representative] Delegate in Congress from the 
        commonwealth.

           *       *       *       *       *       *       *

Subtitle D--Air Force

           *       *       *       *       *       *       *

PART III--TRAINING

           *       *       *       *       *       *       *

CHAPTER 903--UNITED STATES AIR FORCE ACADEMY

           *       *       *       *       *       *       *

Sec. 9342. Cadets: appointment; numbers, territorial distribution

  (a) The authorized strength of Air Force Cadets of the 
Academy (determined for any year as of the day before the last 
day of the academic year) is 4,000 or such higher number as may 
be prescribed by the Secretary of the Air Force under 
subsection (j). Subject to that limitation, Air Force Cadets 
are selected as follows:
          (1) * * *

           *       *       *       *       *       *       *

          (10) One cadet from the Commonwealth of the Northern 
        Mariana Islands, nominated by the [resident 
        representative] Delegate in Congress from the 
        commonwealth.

           *       *       *       *       *       *       *

                                  
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