69–010 

Calendar No. 676 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–324 

NORTHERN MARIANA ISLANDS COVENANT 

IMPLEMENTATION ACT 

APRIL 10, 2008.—Ordered to be printed 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 3079] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (H.R. 3079) to amend the joint resolution that approved the covenant establishing the Commonwealth of the Northern Mariana Islands, and for other purposes, having considered the 

same, reports favorably thereon without amendment and recommends that the bill do pass. 

PURPOSE OF THE MEASURE

The purpose of H.R. 3079 is to extend U.S. immigration laws to 

the Commonwealth of the Northern Mariana Islands (CNMI) as 

provided by Section 503 of the Covenant, but with special provisions to ease the transition to Federal law and respond to the 

CNMI’s special circumstances. These special provisions include: establishing an extendable five-year transition period and guest 

worker program; waiving the numerical limitation on nonimmigrant worker visas under the Immigration and Naturalization 

Act (INA) for workers entering the CNMI; granting nonimmigrant 

status to certain alien investors so that they may remain in the 

CNMI; establishing a visa waiver program to facilitate travel to the 

CNMI by tourists and other visitors; requiring a report on the future status of certain long-term CNMI guest workers; and authorizing technical assistance to identify opportunities to diversify and 

grow the CNMI economy, and to recruit, train, and hire U.S. citizens and other legal permanent resident workers. 


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BACKGROUND AND NEED

The Northern Mariana Islands lie north of Guam and between 

the Philippines and Japan. The U.S. captured the islands in WWII 

and they became a district of the U.S.-administered, United Nations Trust Territory of the Pacific Islands. In 1976, Congress approved the Covenant to Establish a Commonwealth of the Northern 

Mariana Islands in Political Union with the United States (P.L. 

94–241). The Covenant had been approved in a U.N. observed plebiscite in the Northern Mariana Islands that established the basis 

for termination of the U.N. Trusteeship in 1986. Section 503 of the 

Covenant provides in part that: 

‘‘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;...’’

The Section-by-Section analysis of the Committee Report on the 

Covenant provides in part: 

‘‘The Immigration and Naturalization Laws (subsection 

(a)). The reason this provision is included is to cope with 

the problems which unrestricted immigration may impose 

upon small island communities. Congress is aware of those 

problems. It may well be that these problems will have 

been solved by the time of the termination of the Trusteeship Agreement and that the Immigration and Nationality 

Act containing adequate protective provisions can then be 

introduced to the Northern Mariana Islands’’ (Sen. Rpt. 

94–433). 

The Committee anticipated that by the time of the Trusteeship 

termination, the Federal Government would have addressed these 

problems and U.S. immigration laws could then be extended. The 

primary need for alien workers was likely to be in construction, 

temporary jobs that could be accommodated under U.S. immigration laws. At the time the Covenant was negotiated, prospects for 

economic development focused on tourism and anticipated Department of Defense activity. 

Upon Trusteeship termination, the CNMI became a U.S. territory and its residents became U.S. citizens. Although the population of the CNMI was only 16,000 when the Covenant was approved in 1976, the population was estimated at 80,000 in 2005. 

The rapid increase in population coincides with local control of immigration. Shortly after the Covenant went into effect, the CNMI 

began to experience growth in both the tourist and construction industries. Interest also began to grow in garment production. The 

CNMI, like the other territories except Puerto Rico, is outside the 

U.S. customs territory and can export products manufactured in 

the territory quota-free and duty-free to the U.S., provided the 

products meet certain value-added requirements under General 

Note 3(a) of the Tariff Schedules. The first garment manufacturing 

company began operation in the CNMI in October, 1983. 


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U.S. officials believed that the period of local immigration control 

would last only a few years, instead it has continued for over thirty 

years. Instead of using local immigration control to reduce the impact of immigrants on the community, the CNMI promoted the use 

of alien workers throughout the private sector. In 1986, the Reagan 

Administration wrote to the Governor of the CNMI that, ‘‘the tremendous growth in alien labor [is] . . . extremely disturbing,’’ and 

warned, ‘‘the uncontrolled influx of alien workers . . . can only result in increased social and cultural problems.’’ The letter concluded, ‘‘Without timely and effective action to reverse the current 

situation, I must consider proposing Congressional enactment of 

U.S. Immigration and Naturalization Service requirements for the 

NMI.’’ Nevertheless, the CNMI continued to promote the extensive use 

of imported labor which has caused several trends of continuing 

and growing concern to U.S. officials. 

First among these concerns has been the development of an 

unsustainable, two-tiered economy that is not creating private sector opportunities for local residents. By 2000, the private sector 

workforce in the CNMI was over 85 percent alien workers, the public sector workforce was nearly 85 percent U.S. citizens, and the 

unemployment rate among U.S. citizens was 11 percent. In 1997, 

the U.S. Commission on Immigration Reform reported, ‘‘The Marianas immigration system is antithetical to the principles that are 

at the core of the U.S. immigration system.’’ In 2001, the Committee reported, ‘‘What job creation exists in the private sector goes 

to foreign workers. The ability to obtain skilled foreign workers at 

low wages effectively forecloses opportunities for U.S. residents in 

both entry and skilled positions.’’ (Sen. Rpt. 107–28). The Committee’s February 8, 2007 oversight hearing on conditions in the CNMI 

received testimony that increasing numbers of U.S. citizen families 

are emigrating to the U.S. seeking better opportunities. 

Second, has been the growing concern about ineffective immigration/border control and its consequences. In 1997, reports by the 

U.S. Immigration and Naturalization Service and by the bipartisan 

U.S. Commission on Immigration Reform found that the CNMI 

does not have, and never will have, the capacity to properly control 

its borders because border control requires sovereign authority to 

operate overseas consulates, issue visas, and have access to classified national and international watch lists. The U.S. Immigration 

and Naturalization Service reported, ‘‘[There are] serious deficiencies in all facets of the Marianas’ current system of immigration enforcement and control...’’ and, ‘‘There appears to be universal recognition amongst the Mariana Government Authorities 

that various organized crime groups, such as the Japanese Yakuza, 

the Chinese Triads, and the Russian Mafia have made inroads into 

the Marianas . . . Few of these persons are ever detected at the 

port-of-entry or apprehended while in the Marianas.’’ The report 

recommended that Congress enact legislation to extend U.S. immigration laws. In 2001, the Committee found ‘‘the record demonstrates that even with good faith and an honest commitment, 

there are substantive and procedural problems that the local government simply cannot handle’’ (Sen. Rpt. 107–28). 

Concerns regarding the increased security risks posed by ineffective border control have grown substantially following the attacks 


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of September 11, 2001, and in light of the U.S. military’s on-going 

buildup in nearby Guam. 

Third, there has been a persistent pattern of exploitation and 

mistreatment of aliens. Congress first responded to reports of worker abuse in 1994 by establishing the Joint Federal-CNMI Initiative 

on Labor, Immigration, and Law Enforcement. Under this Initiative, the U.S. Department of the Interior investigated and reported 

on the pattern of abuses including cheating on wages, unsafe working conditions, recruitment scams, and even coerced prostitution 

and abortion. However, the CNMI withdrew from the joint reform 

effort in 1997. There has been progress in addressing these problems through the Federal Government’s unilateral establishment of 

a Labor Ombudsman as a part of the Initiative in 1999. The Ombudsman investigates complaints and advocates on behalf of workers. In 2006, the Labor Ombudsman reported to Congress, ‘‘there 

are still a number of serious problems yet to be effectively addressed by local government officials: ensuring health and safety of 

alien workers, inadequate prevention efforts to curb abuses, delay 

in investigating and adjudicating worker complaints, . . . difficulty 

in rooting out corruption. . . . unwillingness to prosecute repeat offenders.’’ Testimony at the Committee’s 2007 oversight hearing 

confirmed that these patterns persist. 

Fourth, the huge population growth resulting from local policies 

and practices has overwhelmed the infrastructure and contributed 

to significant socio-economic impacts. The population increased 

from 16,000 in 1976 to an estimated 80,000 in 2005. The Interior 

Department reported that this growth, which includes both U.S. 

citizens and foreign guest workers, has had ‘‘a profound negative 

effect on public services and infrastructure such as education, 

healthcare, public safety, water, sewer, and solid waste disposal’’

(DOI Initiative Report, 1997). The Committee noted in its 2001 report that because most births were occurring to alien mothers, 

‘‘there is an increasing number of persons obtaining U.S. citizenship outside the boundaries of the U.S. immigration and naturalization law’’ (Sen. Rpt. 107–28). In 1996, for example, there were 

1,409 births to alien mothers out of a total of 1,890 births. Some 

of these non-citizen mothers are married to CNMI residents, but 

most are not and all such children became U.S. citizens. This pattern, coupled with the emigration of U.S. citizens seeking better job 

opportunities, is changing the ethic composition of the community 

in contradiction of the original intent of granting local immigration 

control, which was to protect the indigenous Chamorro and Carolinian community by reducing the impact of immigrants. 

Elements of the CNMI’s immigration policy are also simply inconsistent with Federal policies. Among these is the Federal policy 

that persons admitted into the U.S. to fill permanent jobs do so as 

immigrants with the ability to become U.S. citizens and full participants in the political process. Also, the lack of Federal immigration 

jurisdiction in the CNMI has hindered enforcement of Federal requirements under international agreements such as the treatment 

of persons seeking asylum or protection from torture. At the February 8, 2007 hearing, the Committee heard of the Administration’s serious concerns regarding the CNMI’s performance in meeting these international obligations. 


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As a general policy, federal laws should apply in the territories 

as in the rest of the U.S., but with modifications that take into account the particular circumstances of each of the territories. That 

was the Committee expectation when it approved the Covenant 

which specifically granted the U.S. the right to extend its immigration laws. Immigration is an inherently sovereign function and U.S. 

immigration laws should be extended to the CNMI with a smooth 

transition, and with the special provisions needed to mitigate adverse effects and to encourage diversification and growth of the 

local economy. 

The Committee has on three occasions reported legislation to extend U.S. immigration laws. For further description of the background and need for this legislation see the legislative reports on 

those prior bills: Senate Reports 105–210, 106–204, and 107–28. 

LEGISLATIVE HISTORY

H.R. 3079 is based on S. 1052, in the 106th Congress, legislation 

reported by the Committee, and later passed unanimously by the 

Senate on February 7, 2000. It was then referred to the Committee 

on Resources of the House of Representatives, but no further action 

was taken. On March 20, 2007, the Committee requested that the 

Administration modify the text of S. 507, from the 107th Congress, 

which was identical to Senate-passed S. 1052, to reflect the passage 

of time, and to incorporate the views presented by the Administration and the Resident Representative of the CNMI, Pedro A. 

Tenorio, in their testimony at the Committee’s February 8, 2007 

oversight hearing (S. Hrg. 110–50). That revised text was received 

by the Committee on May 11, 2007 and was introduced as S. 1634 

on June 15, 2007. A legislative hearing was held on July 19, 2007 

(S. Hrg. 110–164). Following that hearing, the Committee requested further Administration revision to reflect the Administration’s testimony. That new draft was received by the Committee on 

September 11, 2007 and was also made available to the House 

Committee on Natural Resources. On December 11, 2007, the 

House of Representatives passed H.R. 3079 and it was referred to 

the Committee on December 12, 2007. 

At the business meeting on January 30, 2008, the Committee on 

Energy and Natural Resources ordered H.R. 3079 favorably reported. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on January 30, 2008, by a unanimous voice vote of a 

quorum present, recommends that the Senate pass H.R. 3079, as 

described herein. 

SECTION-BY-SECTION ANALYSIS

TITLE I—NORTHERN MARIANA ISLANDS IMMIGRATION, SECURITY, AND

LABOR ACT. 

Section 101 provides that Title I of S. 1634 as the ‘‘The Northern 

Mariana Islands Immigration, Security, and Labor Act.’’ Section 102(a) expresses Congressional intent to ensure effective 

border control and security by extending the INA with special proVerDate Aug 31 2005 08:27 Apr 12, 2008 Jkt 069010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR324.XXX SR324

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visions 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. 

Section 103(a) amends the Covenant Act (P.L. 94–241) by adding 

a new Section 6, with new subsections (a) through (h) which would 

extend the immigration laws of the U.S. to the CNMI along with 

several special provisions to meet the special needs of the CNMI. 

It is intended that the immigration laws of the U.S. will apply to 

the CNMI, except as otherwise provided in this Title. Some of these 

exceptions, such as the Commonwealth Only Transitional Worker 

Program are temporary and are intended to smooth the transition 

from CNMI immigration law to U.S. immigration law. Other exceptions, such as the Guam/CNMI visa waiver program, are intended 

to be permanent modifications in the applicability of U.S. immigration law in the islands. This means, in some cases there will be two 

similar programs operating in the CNMI. For example, this Act 

would permit nonimmigrant workers to enter the CNMI under the 

Commonwealth Only Transitional Workers Program established 

under section 103(a) of H.R. 3079, but the extension of U.S. immigration laws would also provide, indefinitely, for the entry of nonimmigrant workers into the CNMI under section 101(a)(15)(H) of 

the INA, the called ‘‘H-visa’’ program. 

Subsection (a) requires regulations and interagency agreement to 

establish and implement the extendable, five-year 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 this 

waiver is necessary to help meet the anticipated labor demands of 

the planned U.S. military buildup in Guam and the CNMI, and the 

Committee intends that this waiver of the numerical limitations for 

Guam and the CNMI is extended along with any extension of the 

five-year transition period. 

Subsection (a) further provides DHS with 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. Because this authority will end at the end of the transition period, the Committee 

intends that the President and Government Accountability Office 

(GAO) will make recommendations regarding the post-transition 

period status of these investors in the reports to Congress to be 

made pursuant to Section 103(h). 

The subsection 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 additional five year periods. It is important to note that the transition 

period covers several policies and programs and is not limited to 


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the Commonwealth Only Transitional Workers Program. For example, the transitional program also covers the Guam/CNMI waiver 

on numerical limitations on the INA H-visa program. 

The Senate companion measure to H.R. 3079, S. 1634, and all 

previous CNMI reform bills considered by the Committee provided 

for a ten year transition period. It is most unlikely that the CNMI 

will be able to meet its labor needs and forego the Transitional 

Workers Program in five years. It is expected that there will be at 

least one, and probably more than one, five-year extension. 

It is intended that nonimmigrant workers will be able to enter 

the CNMI under the INA, and under the CNMI-Only Transitional 

Worker Program. While the CNMI-Only Transitional Worker Program is to be phased out at the end of the extendable five-year 

transition program, nonimmigrant workers will continue to be able 

to enter the CNMI pursuant to the INA. 

The subsection 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. 

Subsection (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. 

The subsection would require the Administration, in consultation 

with the CNMI, to report to Congress, no later than the second 

year after enactment on the population of aliens, status of aliens 

under federal law, future requirements of the CNMI for an alien 

workforce, and recommendations on whether Congress should consider permitting such workers long-term status under the INA. 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. 

Subsection 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 


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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 amend section 212(d)(7) of the INA to provide 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 the Interior, in consultation with the CNMI and the Secretaries of Labor and Commerce, 

to provide technical assistance. Such technical assistance should 

assist in identifying 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 under 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 

forward the CNMI’s reports to the Congress with Administration 

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. 

Section 104 rescinds $200,000 in fiscal year 2009, and $225,000 

annually for fiscal years 2010 to 2018, from the U.S. payments to 

the CNMI as required under section 702 of P.L. 94–241, in order 

to offset the direct spending impact of Title II of this bill. 

Section 105 authorizes such sums as may be necessary to carry 

out this Act. 

Section 106 provides, generally, that this Act shall take effect on 

the date of enactment, but that amendments to the INA shall take 


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effect upon the transition program effective date, unless specifically 

provided otherwise. 

TITLE II—NORTHERN MARIANA ISLANDS DELEGATE ACT

Section 201 designates Title II of S. 1634 as the ‘Northern Mariana Islands Delegate Act.’

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. 

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 the case of a vacancy, the office of the Delegate shall remain vacant until a successor is elected and qualified. 

Section 204 delineates criteria for candidate eligibility, consistent 

with local CNMI law. 

Section 205 clarifies which powers within the election framework 

remain within CNMI control, continuing matters of local application. 

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. 

Section 207 clarifies that the powers enumerated in the Covenant 

remain. 

Section 208 defines ‘Delegate’ as the Resident Representative 

mentioned in section 202. 

Section 209 makes conforming amendments regarding appointments to military service academies by the delegate from the 

CNMI. 

COST AND BUDGETARY CONSIDERATIONS

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 

act 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 $12 million over 

the 2008–2013 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. In addition, the legislation would reduce direct 

spending by cutting certain payments to CNMI. CBO estimates 

that those provisions would result in no significant net effect on direct spending in any fiscal year over the 2009–2018 period. H.R. 

3079 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 preVerDate Aug 31 2005 08:27 Apr 12, 2008 Jkt 069010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\SR324.XXX SR324

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empt 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 UMRA ($68 million in 

2008, adjusted annually for inflation). 

By modifying the laws that govern immigration in CNMI, H.R. 

3079 would impose private-sector mandates, as defined in UMRA, 

on employers and temporary alien workers in CNMI. The cost to 

comply with those mandates would depend in part on regulations 

to be developed by the Secretary under the act. Therefore, CBO 

cannot determine whether the aggregate cost of those mandates 

would exceed the annual threshold established in UMRA for private-sector mandates ($136 million in 2008, 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 legislation 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 act 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 position for 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 act 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 2013 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level .................................................................. 3 1 2 2 2 2 

Estimated Outlays .................................................................................... 2 2 2 2 2 2 

Basis of estimate: CBO estimates that implementing H.R. 3079 

would increase discretionary spending by $12 million over the 


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2008–2013 period, assuming appropriation of the necessary 

amounts. In addition, we estimate that enactment of H.R. 3079 

would have no significant net effect on direct spending in any fiscal 

year over the 2009–2018 period. 

Spending subject to appropriation 

This estimate assumes that the act will be enacted in 2008 and 

that the necessary amounts will be appropriated for each year, including supplemental appropriations for 2008. 

Support Costs for New Delegate. 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 $9 million over the 2009–2013 period, subject to the availability of appropriated funds. 

Department of Homeland Security. 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 $3 million over 

the 2009–2018 period. That estimate assumes that the current Congressional salary of $169,300 a year would be adjusted for inflation in future years. In addition, H.R. 3079 would amend the 

current law that governs the relationship between the United 

States and CNMI. Specifically, the legislation would rescind about 

$200,000 annually, with increases for inflation, from payments 

made by the United States to CNMI. CBO estimates that together 

those provisions would result in no net effect on direct spending in 

any fiscal year over the 2009–2018 period. 

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 

also would have a negligible net effect on direct spending. 

Estimated impact on state, local, and tribal governments: H.R. 

3079 contains several intergovernmental mandates as defined in 

UMRA. The act 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 act also would require CNMI to enforce a cap on the number of alien workers until the preemption 


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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’s immigration staff. 

The total cost of complying with the mandates in the act would be 

below the threshold established in UMRA ($68 million in 2008, adjusted annually for inflation). 

The act 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 evennumbered years. (All CNMI elections now take place in odd-numbered 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: H.R. 3079 would impose 

private-sector mandates on employers in CNMI by restricting the 

number of permits allocated for temporary alien workers and 

charging an annual fee for those permits. It 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 

act, no alien lawfully admitted into CNMI would be allowed to stay 

for more than two years after commencement of the transition period, even if they were authorized to remain for a longer period of 

time. Finally, the act could impose additional private-sector mandates as a result of regulations that would be established by the 

Secretary to implement the new immigration system. 

The cost to comply with those mandates would depend in part on 

regulations to be developed by the Secretary under the act and how 

those regulations affect the labor supply in CNMI. Therefore, CBO 

cannot determine whether the aggregate cost of those mandates 

would exceed the annual threshold established in UMRA for private-sector mandates ($ 136 million in 2008, adjusted annually for 

inflation). 

Previous CBO estimate: On December 3, 2007, CBO transmitted 

a cost estimate for H.R. 3079 as ordered reported by the House 

Committee on Natural Resources on November 7, 2007. Both pieces 

of legislation would reform the immigration laws of CNMI and provide a nonvoting delegate from CNMI to the House of Representatives. However, they have different provisions regarding payments 

by the United States to CNMI. The cost estimates reflect those differences. 

The private-sector mandates in the two bills are nearly identical, 

except that the House-reported version does not contain the mandate that would require employers in CNMI to pay an annual fee 

for permits. The aggregate cost of the mandates in both bills would 

depend on future regulations. 

Estimate prepared by: Federal Spending: DHS—Mark 

Grabowicz, CNMI Representative—Matthew Pickford, State DeVerDate Aug 31 2005 08:27 Apr 12, 2008 Jkt 069010 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\SR324.XXX SR324

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partment—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. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

H.R. 3079. The bill would establish several new CNMI-only programs that are intended to mitigate the impact of the extension of 

U.S. immigration laws to the CNMI, and provide for a Delegate to 

the U.S. House of Representatives. These new programs include a 

transitional guest worker program, the granting of U.S. nonimmigrant status for certain alien investors who currently reside in 

the CNMI, and a visa-waiver program to facilitate travel to the 

CNMI by tourists and other visitors. There will necessarily be new 

regulations, paperwork, and the gathering of personal data to establish and operate these new programs. In some cases, such as the 

guest worker program, the effort is transitional and the program 

will be phased-out at the end of the transition period established 

in the bill. In other cases, such as the visa waiver program, the 

provisions are expected to be permanent, but operations are to be 

largely integrated into the operation of the national program of the 

same intent in order to increase efficiency and reduce unnecessary 

duplication of effort. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the Department of the Interior at the 

July 19th hearing on S. 1634, the Senate companion measure to 

H.R. 3079, follows: 

PREPARED STATEMENT OF DAVID B. COHEN, DEPUTY ASSISTANT SECRETARY, INSULAR AFFAIRS, DEPARTMENT OF

THE INTERIOR

Mr. Chairman and members of the Committee, thank 

you for the opportunity to testify on S. 1634, the Northern 

Mariana Islands Covenant Implementation Act. I come before you today wearing at least two hats: As Deputy Assistant Secretary of the Interior for Insular Affairs, I am 

the Federal official that is responsible for generally administering, on behalf of the Secretary of the Interior, the Federal Government’s relationship with the Commonwealth of 

the Northern Mariana Islands (CNMI). I also serve as the 

President’s Special Representative for consultations with 

the CNMI on any matter of mutual concern, pursuant to 

Section 902 of the U.S. CNMI Covenant. In fact, I was in 

Saipan in March for Section 902 consultations with CNMI 

Governor Fitial and his team. I was also in Saipan in June 

with Secretary Kempthorne as part of his visit to U.S.-affiliated Pacific Island communities. 

Under the Covenant through which the CNMI joined the 

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sions of U.S. immigration laws and allowed to control its 

own immigration. However, section 503 of the Covenant to 

Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America 

(P.L. 94–241) explicitly provides that Congress has the authority to make immigration and naturalization laws applicable to the CNMI. Through the bill that we are discussing today, Congress is proposing to take this legislative step to bring the immigration system of the CNMI 

under Federal administration. We believe that any federalization of the CNMI’s immigration system must be 

flexible because of the CNMI’s unique history, culture, status, demographic situation, location, and, perhaps most 

importantly, fragile economic and fiscal condition. Additionally, we would need appropriate time to address a 

range of implementation issues as there are a number of 

Federal agencies that would be involved with federalization. In testimony before this Committee earlier this year, 

I offered, on behalf of the Administration, five principles 

that we believe should guide the development of any federalization legislation. 

In previous testimony before this Committee and others, 

I have described at length the impressive amount of 

progress that the CNMI has made to improve working conditions there since the 1990s. As I have said repeatedly, 

the CNMI should be congratulated for this progress. We do 

not believe that the CNMI gets the credit that it deserves 

for the progress that it has made. However, serious problems continue to plague the CNMI’s administration of its 

immigration system, and we remain concerned that the 

CNMI’s rapidly deteriorating fiscal situation may make it 

even more difficult for the CNMI government to devote the 

resources necessary to effectively administer its immigration system and to properly investigate and prosecute 

labor abuse. I will begin my statement with an overview 

of concerns that make a compelling case for federalization. 

NEED FOR AN EFFECTIVE SCREENING PROCESS

The CNMI is hampered by the lack of an effective prescreening process for aliens wishing to enter the Commonwealth. Under the Immigration and Nationality Act (INA), 

before traveling to the continental United States, aliens 

must obtain a visa from a U.S. consular officer abroad unless they are eligible under the Visa Waiver Program or 

other legal authority for admission without a visa. Carriers are subject to substantial fines if they board passengers bound for these parts of the United States who 

lack visas or other proper documentation. All visa applicants are checked against the Department of State’s namechecking system, the Consular Lookout and Support System (CLASS). With limited exceptions, all applicants are 

interviewed and subjected to fingerprint checks. After obtaining a visa, an alien seeking entry to these parts of the 

United States must then apply for admission to an immigration officer at a U.S. port of entry. The immigration ofVerDate Aug 31 2005 08:27 Apr 12, 2008 Jkt 069010 PO 00000 Frm 00014 Fmt 6659 Sfmt 6969 E:\HR\OC\SR324.XXX SR324

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ficer is responsible for determining whether the alien is 

admissible, and in order to do so, the officer is supposed 

to consult appropriate databases to identify individuals 

who, among other things, have criminal records or may be 

a danger to the security of the United States. The CNMI 

does not issue visas, conduct interviews or check finger 

prints for those wishing to travel to the CNMI, nor does 

the CNMI have an equivalent to CLASS. Furthermore, 

CNMI immigration inspectors determine admissibility 

under CNMI law rather than federal law. The CNMI does 

have its own sophisticated computerized system for keeping track of aliens who enter and leave the Commonwealth. A record of all persons entering the CNMI is made 

with the Commonwealth’s Labor & Immigration Identification and Documentation System, which is state-of-the-art. 

However, that is not a substitute for comprehensive prescreening by Federal government authorities. In a post-9/ 

11 environment, and given the CNMI’s location and the 

number of aliens that travel there, we believe that continued local control of the CNMI’s immigration system presents significant national security and homeland security 

concerns. 

HUMAN TRAFFICKING

While we congratulate the CNMI for its recent successful prosecution of a case in which foreign women were 

pressured into prostitution, human trafficking remains far 

more prevalent in the CNMI than it is in the rest of the 

U.S. During the twelve-month period ending on April 30, 

2007, 36 female victims of human trafficking were admitted to or otherwise served by Guma’ Esperansa, a women’s 

shelter operated by a Catholic nonprofit organization. All 

of these victims were in the sex trade. Secretary Kempthorne personally visited the shelter and met with a number of women from the Philippines who were underage 

when they were trafficked into the CNMI for the sex industry. As you can imagine, he found their stories heartbreaking. The State Department estimates that a total of 

between 14,500 and 17,500 victims are trafficked into the 

U.S. each year from many places in the world. This estimate includes not only women in the sex trade, but men, 

women and children trafficked for all purposes, including 

labor. Assuming a CNMI population of roughly 70,000 and 

a U.S. population of roughly 300 million, the numbers 

above suggest that human trafficking is between 8.8 and 

10.6 times more prevalent in the CNMI than it is in the 

U.S. as a whole. This is a conservative calculation that 

most likely makes the CNMI look better than it actually 

is: The number of victims counted for the CNMI includes 

only actual female victims in the sex trade who were 

served by Guma’ Esperansa. This is being compared with 

a U.S. estimate of human trafficking victims of both genders that is not limited to the sex trade. In an apples-toapples comparison, the CNMI’s report card would be 

worse. We note that most of the victims that have been 


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served by Guma’ Esperansa were referred by the CNMI 

government (as a result of referrals from the Federal Ombudsman to local authorities). However, it is clear that 

local control over CNMI immigration has resulted in a 

human trafficking problem that is proportionally much 

greater than the problem in the rest of the U.S. 

A number of foreign nationals have come to the Federal 

Ombudsman’s office complaining that they were promised 

a job in the CNMI after paying a recruiter thousands of 

dollars to come there, only to find, upon arrival in the 

CNMI, that there was no job. Secretary Kempthorne met 

personally with a young lady from China who was the victim of such a scam and who was pressured to become a 

prostitute; she was able to report her situation and obtain 

help in the Federal Ombudsman’s office. We believe that 

steps need to be taken to protect women from such terrible 

predicaments. 

We are also concerned about recent attempts to smuggle 

foreign nationals, in particular Chinese nationals, from the 

CNMI into Guam by boat. A woman was recently sentenced to five years in prison for attempting to smuggle 

over 30 Chinese nationals from the CNMI into Guam. 

With the planned military buildup in Guam, the potential 

for smuggling aliens from the CNMI into Guam by boat is 

a cause for concern. 

REFUGEE PROTECTION

We have very serious concerns about the CNMI government’s administration of its refugee protection system, 

which was established pursuant to a Memorandum of 

Agreement signed by former Governor Juan Babauta and 

me in 2003 with the financial support of the Office of Insular Affairs. Establishing a refugee protection system in the 

CNMI was important to the U.S. because of our concerns 

regarding U.S. compliance with international treaties to 

which the U.S. is a party, including the 1967 United Nations Protocol Relating to the Status of Refugees and the 

Convention Against Torture and Other Cruel, Inhuman or 

Degrading Treatment or Punishment. Even though the 

CNMI for the most part is not included in the Immigration 

and Nationality Act, the U.S. is obligated to ensure that 

aliens in the CNMI are not returned to their home countries if there is a sufficient risk under the Convention 

Against Torture or the Refugee Protocol that they will be 

tortured or persecuted there. 

Under the Memorandum of Agreement, the CNMI has 

established its own refugee protection system with the assistance of U.S. Citizenship and Immigration Services 

(USCIS) acting as ‘‘Protection Consultant.’’ In this role, 

USCIS assisted the Commonwealth in drafting regulations 

and forms, trained all staff for the program, provided quality assurance review prior to a decision on all cases, and 

performed background checks on all applicants. The twoyear performance period during which the duties of the 

Protection Consultant were enumerated in the MemoVerDate Aug 31 2005 08:27 Apr 12, 2008 Jkt 069010 PO 00000 Frm 00016 Fmt 6659 Sfmt 6969 E:\HR\OC\SR324.XXX SR324

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randum of Agreement terminated in September 2006. 

USCIS and the CNMI have yet to enter into a subsequent 

instrument to delineate the assistance that USCIS has offered to provide to the CNMI, because of lack of response 

by the CNMI to USCIS’s requests for cooperation. 

Most recently, the Chief of the Asylum Division, U.S. 

Citizenship and Immigration Services, Department of 

Homeland Security, inquired about a group of cases which 

were of concern to the U.S. Government due to evidence of 

efforts by a foreign government to improperly interfere in 

those cases. 

Astonishingly, the CNMI Attorney General refused requested information and accused the Department of Homeland Security and the Department of State of attempting 

to ‘‘unbalance the scales of justice’’ by inquiring about 

these cases and by expressing concerns about evidence of 

foreign attempts at interference. 

The CNMI Attorney General’s failure to distinguish between possible foreign attempts to improperly influence a 

refugee protection proceeding within the U.S. and attempts by the relevant U.S. agencies to monitor and protect the integrity of a refugee protection program which 

impacts U.S. compliance with its international obligations 

raises serious doubts about the CNMI’s capacity to adequately carry out the refugee protection program. It is particularly troubling that such a posture is being taken by 

the CNMI Attorney General, the official who ultimately 

supervises the refugee protection hearing officers and to 

whom refugee protection decisions are appealed. With this 

uncooperative stance from the CNMI, there is no way for 

the Federal Government to address its very serious concerns and confirm that the U.S. remains in compliance 

with important international treaty obligations. The concerns that we have about the CNMI Attorney General’s 

letter are very serious and would not be mitigated if the 

CNMI were to issue decisions in the pending cases that 

the U.S. Department of Homeland Security found to be appropriate given the facts and applicable law. 

The circumstances described above present the Federal 

Government with a dilemma: If the Federal Government 

cannot verify that the CNMI is administering its refugee 

protection program in a manner that accords with U.S. 

compliance with international treaty obligations, then extending the protections available under U.S. immigration 

law to cover aliens in the CNMI may be the only way to 

ensure that compliance. However, making aliens in the 

CNMI eligible to apply for protection in the U.S. is a potentially serious problem if the CNMI maintains control 

over its immigration system and continues to determine 

which aliens, and how many, are able to enter the CNMI. 

Under that scenario, the U.S. could be required to provide 

refugee protection to aliens who have been admitted to the 

CNMI through a process controlled not by the Federal 

Government, but by the CNMI. The U.S. would be subjecting itself to potential costs and other consequences for 


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decisions made by the CNMI. This is a strong argument in 

favor of Congress taking legislative action, as contemplated under Section 503 of the Covenant (P.L. 94– 241), to take control of the CNMI’s immigration system. 

RECOMMENDED CHANGES TO THIS BILL

The above are some of the factors that have led us to 

conclude that the CNMI’s immigration system must be federalized as soon as possible. We believe that S. 1634 is 

generally sound legislation that embodies the concept of 

‘‘Flexible Federalization’’—that is, federalization of the 

CNMI’s immigration system in a manner designed to minimize damage to the CNMI’s fragile economy and maximize 

the potential for economic growth. We also believe that S. 

1634 reflects the principles previously spelled out by the 

Administration as those that should guide the federalization of the CNMI’s immigration system. Therefore, the Administration supports the Northern Marianas Covenant 

Implementation Act, subject to the following: • Long-term Status to Temporary Workers.—At this 

time, the Administration is evaluating the specific provisions granting long-term status to temporary workers in 

the CNMI in light of the Administration’s immigration 

policies. We look forward to working with Congress on this 

important issue. 

• Protection from Persecution and Torture.—Consistent 

with the general transfer of immigration to Federal control 

on the transition period effective date, the bill should clarify that U.S. protection law, including withholding of removal on the basis of persecution or torture, would apply 

and be administered by Federal authorities beginning on 

the transition period effective date. However, given the uncertainties inherent in changing the CNMI immigration 

regimen, we recommend that extension of the affirmative 

asylum process under section 208 of the INA to the CNMI 

be delayed until the end of the transition period. We would 

also recommend a provision requiring the CNMI to maintain an effective protection program between date of enactment and the transition period effective date. • Authority of the Secretary of Homeland Security.—In 

general, it is important that the Secretary of Homeland 

Security have sufficient authority and resources to effectively administer the new responsibilities that would be 

undertaken under the bill. Improvements to the bill in this 

regard would include ensuring that the Secretary has full 

authority in his discretion to designate countries for the 

new CNMI visa waiver program (giving due consideration 

to all current CNMI tourist source countries); and providing the necessary fiscal and operational authority to 

conduct all necessary activities in the CNMI. • Visa Waiver.—As noted above, it is essential that the 

Secretary of Homeland Security, in consultation with the 

Secretary of State, have full authority to make visa waiver 

decisions in the national interest We would also recommend consideration of authorizing integration of the 


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proposed CNMI visa waiver with the Guam visa waiver 

program as a possible means of increasing the value of 

these programs to those jurisdictions, such as, for example, 

allowing visitors qualifying for both programs a combined 

30 days, with a maximum stay of 21 days in either territory. • Employment-Based Visas.—The bill would authorize 

the Secretary of Homeland Security to establish a specific 

number of employment-based visas that will not count 

against the numerical limitations under the Permanent 

Alien Labor Certification (PERM) program, if the Secretary of Labor, after consultation with the Governor of 

the Commonwealth and the Secretary of Homeland Security, finds exceptional circumstances with respect to the inability of employers to obtain sufficient work-authorized 

labor. We would recommend that this provision be removed from the bill as unnecessary because the CNMI will 

have an uncapped temporary worker program in the 10- 

year transition period. • Conforming and Technical Amendments.—We would 

like to work with Congress on a number of other conforming, technical and other amendments necessary to 

fully effectuate the transfer of responsibilities and effectively administer and integrate the CNMI-specific programs with the INA. For example, the CNMI should be 

added to the definitions of ‘‘State’’ and ‘‘United States’’ in 

section 101 of the INA. 

CONCLUSION

We point out, however, that one of this Administration’s 

principles for considering immigration legislation for the 

CNMI is that such legislation should be carefully analyzed 

for its likely impact in the CNMI before we implement it. 

We have also urged that such analysis occur expeditiously: 

the need to study must not be used as an excuse to delay. 

We understand that the Senate has requested an analysis 

of the provisions of S. 1634. We applaud the Senate for 

taking this step, and urge Congress to carefully consider 

the results of this analysis in the continued development 

of this legislation. 

It is important to remember that S. 1634 deals with a 

unique situation, and hence does not establish any precedents that are relevant to the discussion of national immigration reform. S. 1634 is designed to bring under the 

ambit of Federal immigration law a territory that generally was not previously subject to Federal immigration 

law. Accomplishing this transition without causing severe 

economic disruption requires special transitional provisions that take into account the reality that CNMI society 

has been shaped by immigration policies that vary significantly from Federal immigration policy. Because CNMI society has evolved in a unique manner under unique circumstances, it would not be prudent to apply immigration 

policy designed for the 50 states to the CNMI in a blanket 

fashion with no transition mechanisms. The special transiVerDate Aug 31 2005 08:27 Apr 12, 2008 Jkt 069010 PO 00000 Frm 00019 Fmt 6659 Sfmt 6969 E:\HR\OC\SR324.XXX SR324

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tional provisions contained in this bill are designed to 

move CNMI society from one set of governing principles to 

another in a manner that minimizes harm to CNMI residents. 

Finally, Mr. Chairman, we again point out that the people of the CNMI must participate fully in decisions that 

will affect their future. As I have said in the past, a better 

future for the people of the CNMI cannot be imposed unilaterally from Washington, DC, ignoring the insights, wisdom and aspirations of those to whom this future belongs. 

Although the Administration supports S. 1634, subject to 

the suggestions outlined above, we are concerned about the 

message that would be sent if Congress were to pass this 

legislation while the CNMI remains the only U.S. territory 

or commonwealth without a delegate in Congress. At a 

time when young men and women from the CNMI are sacrificing their lives in Iraq in proportions that far exceed 

the national average, we hope that Congress will consider 

granting them a seat at the table at which their fate will 

be decided. 

Thank you. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill H.R. 

3079, as ordered 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 

‘‘APPLICABILITY 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: 

ø‘‘(a) except as otherwise provided in Section 506, the immigration and naturalization laws of the United States;¿ 


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‘‘ø(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 ‘‘ø(c)¿ (b) the minimum wage provisions of Section 6, Act of 

June 25, 1938, 52 Stat. 1062, as amended. 

* * * * * * * 

ø‘‘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. 

ø‘‘(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. 

ø‘‘(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. 

ø‘‘(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 


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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 øquarantine, 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. 1l01(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. 

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ment 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 


smartinez on PRODPC60 with REPORTS
24 

(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 


smartinez on PRODPC60 with REPORTS
25 

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; 


smartinez on PRODPC60 with REPORTS
26 

(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 


smartinez on PRODPC60 with REPORTS
27 

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 


smartinez on PRODPC60 with REPORTS
28 

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, øand 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, øand 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 l—Selection System 

* * * * * * * 


smartinez on PRODPC60 with REPORTS
29 

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 AD- MISSION.—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) * * * 

ø(iii) GUAM VISA WAIVER.—For provision authorizing 

waiver of clause (i) in the case of visitors to Guam, see 

subsection (1).¿ 

(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)(l) * * * 

* * * * * * * 

(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. 

* * * * * * * 

ø(l)(1) The requirement of paragraph (7)(B)(i) of subsection 

(a) of this section may be waived by the Attorney General, the 


smartinez on PRODPC60 with REPORTS
30 

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— ø(A) an adequate arrival and departure control system 

has been developed on Guam, and 

ø(B) such a waiver does not represent a threat to the 

welfare, safety, or security of the United States or its territories and commonwealths. 

ø(2) An alien may not be provided a waiver under this subsection unless the alien has waived any right— ø(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 

ø(B) to contest, other than on the basis of an application 

for asylum, any action for removal of the alien. 

ø(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 PRO- GRAM.—

(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 HomeVerDate Aug 31 2005 08:27 Apr 12, 2008 Jkt 069010 PO 00000 Frm 00030 Fmt 6659 Sfmt 6603 E:\HR\OC\SR324.XXX SR324

smartinez on PRODPC60 with REPORTS
31 

land Security, in consultation with the Secretary of the Interior 

and the Secretary of State, on or before the 180th day after the 

date of 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 


smartinez on PRODPC60 with REPORTS
32 

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 øGuam¿ 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 

øGuam¿ Guam or the Commonwealth of the Northern Mariana Islands or to remain in øGuam¿ Guam or the Commonwealth of the 

Northern Mariana Islands for a period exceeding fifteen days from 

date of admission to øGuam¿ 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. 

* * * * * * * 


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33 

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(1), 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 

* * * * * * * 


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34 

PART III—TRAINING 

* * * * * * * 

CHAPTER 403—UNITED STATES MILITARY ACADEMY 

* * * * * * * 

§ 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 øresident representative¿ 

Delegate in Congress from the commonwealth. 

* * * * * * * 

Subtitle C—Navy and Marine Corps 

* * * * * * * 

PART III—EDUCATION AND TRAINING 

* * * * * * * 

CHAPTER 603—UNITED STATES NAVAL ACADEMY 

* * * * * * * 

§ 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 øresident representative¿ Delegate 

in Congress from the commonwealth. 

* * * * * * * 

Subtitle D—Air Force 

* * * * * * * 


smartinez on PRODPC60 with REPORTS
35 

PART III—TRAINING 

* * * * * * * 

CHAPTER 903—UNITED STATES AIR FORCE ACADEMY 

* * * * * * * 

§ 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 øresident representative¿ 

Delegate in Congress from the commonwealth. 

* * * * * * * 

Æ 


smartinez on PRODPC60 with REPORTS