II 

110TH CONGRESS 

1ST SESSION S. 1634 

To implement further the Act approving the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with 

the United States of America, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 15, 2007 

Mr. AKAKA (for himself, Ms. MURKOWSKI, Ms. CANTWELL, and Mr. INOUYE) 

introduced the following bill; which was read twice and referred to the 

Committee on Energy and Natural Resources 

A BILL 

To implement further the Act approving the Covenant to 

Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Northern Mariana Is5 lands Covenant Implementation Act’’. 

6 SEC. 2. STATEMENT OF CONGRESSIONAL INTENT. 

7 (a) IMMIGRATION AND GROWTH.—In recognition of 

8 the need to ensure uniform adherence to long-standing 

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1 fundamental immigration policies of the United States, it 

2 is the intention of Congress in enacting this Act— 

3 (1) to ensure that effective border control pro4 cedures are implemented and observed, and that na5 tional security and homeland security issues are 

6 properly addressed, by extending the Immigration 

7 and Nationality Act, (8 U.S.C. 1101 et seq.), to 

8 apply to the Commonwealth of the Northern Mar9 iana Islands (referred to in this Act as the ‘‘Com10 monwealth’’), with special provisions to allow for— 

11 (A) the orderly phasing-out of the non12 resident contract worker program of the Com13 monwealth; and 

14 (B) the orderly phasing-in of Federal re15 sponsibilities over immigration in the Common16 wealth; and 

17 (2) to minimize, to the greatest extent prac18 ticable, potential adverse economic and fiscal effects 

19 of phasing out the Commonwealth’s nonresident con20 tract worker program and to maximize the Common21 wealth’s potential for future economic and business 

22 growth by— 

23 (A) encouraging diversification and growth 

24 of the economy of the Commonwealth in accordmstockstill on PROD1PC66 with BILLS

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1 ance with fundamental values underlying Fed2 eral immigration policy; 

3 (B) recognizing local self-government, as 

4 provided for in the Covenant To Establish a 

5 Commonwealth of the Northern Mariana Is6 lands in Political Union with the United States 

7 of America through consultation with the Gov8 ernor of the Commonwealth; 

9 (C) assisting the Commonwealth in achiev10 ing a progressively higher standard of living for 

11 citizens of the Commonwealth through the pro12 vision of technical and other assistance; 

13 (D) providing opportunities for individuals 

14 authorized to work in the United States, includ15 ing citizens of the freely associated states; and 

16 (E) providing a mechanism for the contin17 ued use of alien workers, to the extent those 

18 workers continue to be necessary to supplement 

19 the Commonwealth’s resident workforce, and to 

20 protect those workers from the potential for 

21 abuse and exploitation. 

22 (b) AVOIDING ADVERSE EFFECTS.—In recognition of 

23 the Commonwealth’s unique economic circumstances, his24 tory, and geographical location, it is the intent of the Con25 gress that the Commonwealth be given as much flexibility 

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1 as possible in maintaining existing businesses and other 

2 revenue sources, and developing new economic opportuni3 ties, consistent with the mandates of this Act. This Act, 

4 and the amendments made by this Act, should be inter5 preted wherever possible to expand tourism and economic 

6 development in the Commonwealth, including aiding pro7 spective tourists in gaining access to the Commonwealth’s 

8 memorials, beaches, parks, dive sites, and other points of 

9 interest. 

10 SEC. 3. IMMIGRATION REFORM FOR THE COMMONWEALTH. 

11 (a) AMENDMENTS TO THE JOINT RESOLUTION TO

12 APPROVE THE COVENANT TO ESTABLISH A COMMON13 WEALTH OF THE NORTHERN MARIANA ISLANDS IN PO14 LITICAL UNION WITH THE UNITED STATES OF AMER15 ICA.—The Joint Resolution to Approve the ‘‘Covenant to 

16 Establish a Commonwealth of the Northern Mariana Is17 lands in Political Union With the United States of Amer18 ica’’, and for other purposes, approved March 24, 1976 

19 (Public Law 94–241; 90 Stat. 263), is amended by adding 

20 at the end the following new section: 

21 ‘‘SEC. 6. IMMIGRATION AND TRANSITION. 

22 ‘‘(a) APPLICATION OF THE IMMIGRATION AND NA23 TIONALITY ACT AND ESTABLISHMENT OF A TRANSITION

24 PROGRAM.— 

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1 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

2 and (3), effective on the first day of the first full 

3 month commencing 1 year after the date of enact4 ment of the Northern Mariana Islands Covenant Im5 plementation Act (hereafter referred to as the ‘tran6 sition program effective date’), the provisions of the 

7 ‘immigration laws’ (as defined in section 101(a)(17) 

8 of the Immigration and Nationality Act (8 U.S.C. 

9 1101(a)(17))) shall apply to the Commonwealth of 

10 the Northern Mariana Islands (referred to in this 

11 section as the ‘Commonwealth’), except as otherwise 

12 provided in this section. 

13 ‘‘(2) TRANSITION PERIOD.—Notwithstanding 

14 paragraph (1) or any provision of the Immigration 

15 and Nationality Act (8 U.S.C. 1101 et seq.), there 

16 shall be a transition period beginning on the transi17 tion program effective date and ending December 

18 31, 2017, except as provided in subsection (d), dur19 ing which the Secretary of Homeland Security, in 

20 consultation with the Secretary of State, the Attor21 ney General, the Secretary of Labor, and the Sec22 retary of the Interior, shall establish, administer, 

23 and enforce a transition program to regulate immi24 gration to the Commonwealth, as provided in this 

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1 section (hereafter referred to as the ‘transition pro2 gram’). 

3 ‘‘(3) REQUIREMENT FOR REGULATIONS.—The 

4 transition program shall be implemented pursuant to 

5 regulations to be promulgated, as appropriate, by 

6 the head of each agency or department of the United 

7 States having responsibilities under the transition 

8 program. 

9 ‘‘(4) INTERAGENCY AGREEMENTS.—The Sec10 retary of Homeland Security, the Secretary of State, 

11 the Secretary of Labor, and the Secretary of the In12 terior shall negotiate and implement agreements 

13 among their agencies to identify and assign their re14 spective duties so as to ensure timely and proper im15 plementation of the provisions of this section. The 

16 agreements should address, at a minimum, proce17 dures to ensure that Commonwealth employers have 

18 access to adequate labor, and that tourists, students, 

19 retirees, and other visitors have access to the Com20 monwealth without unnecessary delay or impedi21 ment. The agreements may also allocate funding be22 tween the respective agencies tasked with various re23 sponsibilities under this section. 

24 ‘‘(5) ASYLUM.— 

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1 ‘‘(A) REQUIREMENTS.—The Government 

2 of the Commonwealth shall comply with the 

3 Convention Relating to the Status of Refugees, 

4 done at Geneva July 28, 1951, the Protocol Re5 lating to the Status of Refugees done at Geneva 

6 July 28, 1951, and the United Nations Conven7 tion Against Torture and Other Cruel, Inhuman 

8 or Degrading Treatment or Punishment done at 

9 New York December 10, 1984. If, acting joint10 ly, the Secretary of Homeland Security and the 

11 Secretary of State find that the government of 

12 the Commonwealth is not in compliance with 

13 the such international agreements, section 208 

14 of the Immigration and Nationality Act (8 

15 U.S.C. 1158) regarding asylum shall apply to 

16 persons present in the Commonwealth. 

17 ‘‘(B) REGULATIONS AND REPORT.—The 

18 Secretary of Homeland Security is authorized 

19 to promulgate regulations for the monitoring 

20 and supervision of the Commonwealth’s refugee 

21 protection program, including the establishment 

22 of standards for compliance and noncompliance, 

23 and shall report annually to Congress as a part 

24 of the report submitted under section 3(g) of 

25 the Northern Mariana Islands Covenant Implemstockstill on PROD1PC66 with BILLS

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1 mentation Act on the performance of the Com2 monwealth in meeting these obligations. 

3 ‘‘(b) NUMERICAL LIMITATIONS FOR NONIMMIGRANT

4 WORKERS.—An alien, if otherwise qualified, may seek ad5 mission to the Commonwealth on or after the transition 

6 program effective date as a nonimmigrant worker under 

7 section 101(a)(15)(H) of the Immigration and Nationality 

8 Act (8 U.S.C. 1101(a)(15)(H)) without counting against 

9 the numerical limitations set forth in section 214(g) of 

10 such Act (8 U.S.C. 1184(g)). 

11 ‘‘(c) IMMIGRANTS.— 

12 ‘‘(1) IN GENERAL.—With the exception of im13 mediate relatives (as defined in section 201(b)(2) of 

14 the Immigration and Nationality Act (8 U.S.C. 

15 1151(b)(2)) and aliens granted an immigrant visa as 

16 provided in paragraphs (2) and (3) of this sub17 section, no alien shall be granted initial admission as 

18 a lawful permanent resident of the United States at 

19 a port of entry in the Commonwealth, or a port of 

20 entry in Guam for the purpose of immigrating to the 

21 Commonwealth. 

22 ‘‘(2) FAMILY-SPONSORED IMMIGRANT VISAS.— 

23 For any fiscal year during which the transition pro24 gram will be in effect, the Secretary of Homeland 

25 Security, after consultation with the Governor of the 

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1 Commonwealth, and in consultation with the heads 

2 of the appropriate agencies and departments of the 

3 United States, may establish a specific number of 

4 additional initial admissions as family-sponsored im5 migrants at a port of entry in the Commonwealth, 

6 or at a port of entry in Guam for the purpose of im7 migrating to the Commonwealth, pursuant to sec8 tions 202 and 203(a) of the Immigration and Na9 tionality Act (8 U.S.C. 1152 and 1153(a)). 

10 ‘‘(3) EMPLOYMENT-BASED VISAS.—If the Sec11 retary of Labor, after consultation with the Gov12 ernor of the Commonwealth and the Secretary of 

13 Homeland Security, finds that exceptional cir14 cumstances exist with respect to the inability of em15 ployers in the Commonwealth to obtain sufficient 

16 work-authorized labor, in addition to the Common17 wealth-only transitional workers authorized under 

18 subsection (d) of this section, the Secretary of 

19 Homeland Security may establish a specific number 

20 of employment-based visas that will not count 

21 against the numerical limitations under section 

22 203(b) of the Immigration and Nationality Act (8 

23 U.S.C. 1153(b)). The labor certification require24 ments of section 212(a)(5) of that Act (8 U.S.C. 

25 1182(a)(5)) shall not apply to an alien seeking immstockstill on PROD1PC66 with BILLS

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1 migration benefits under this subsection. An alien 

2 granted an employment-based visa under this para3 graph may be admitted initially at a port of entry 

4 in the Commonwealth, or at a port of entry in Guam 

5 for the purpose of immigrating to the Common6 wealth, as a lawful permanent resident of the United 

7 States. 

8 ‘‘(d) NONIMMIGRANT INVESTOR VISAS.— 

9 ‘‘(1) IN GENERAL.—Notwithstanding the treaty 

10 requirements in section 101(a)(15)(E) of the Immi11 gration and Nationality Act (8 U.S.C. 

12 1101(a)(15)(E)), during the transition period, the 

13 Secretary of Homeland Security may, upon the ap14 plication of an alien, classify an alien as a non15 immigrant under section 101(a)(15)(E)(ii) of the 

16 Immigration and Nationality Act (8 U.S.C. 

17 1101(a)(15)(E)(ii)) if the alien— 

18 ‘‘(A) has been admitted to the Common19 wealth in long-term investor status under the 

20 immigration laws of the Commonwealth before 

21 the transition program effective date; 

22 ‘‘(B) has continuously maintained resi23 dence in the Commonwealth under long-term 

24 investor status; 

25 ‘‘(C) is otherwise admissible; and 

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1 ‘‘(D) maintains the investment or invest2 ments that formed the basis for such long-term 

3 investor status. 

4 ‘‘(2) REQUIREMENT FOR REGULATIONS.—Not 

5 later than 180 days after the transition program ef6 fective date, the Secretary of Homeland Security 

7 shall publish regulations in the Federal Register to 

8 implement this subsection. 

9 ‘‘(3) INTERIM PROCEDURES.—The Secretary of 

10 Homeland Security shall treat an alien who meets 

11 the requirements of paragraph (1) as a non12 immigrant under section 101(a)(15)(E)(ii) of the 

13 Immigration and Nationality Act (8 U.S.C. 

14 1101(a)(15)(E)(ii)) until the regulations imple15 menting this subsection are published. 

16 ‘‘(e) PERSONS LAWFULLY ADMITTED UNDER THE

17 COMMONWEALTH IMMIGRATION LAW.— 

18 ‘‘(1) PROHIBITION ON REMOVAL.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (B), no alien who is lawfully present in 

21 the Commonwealth pursuant to the immigration 

22 laws of the Commonwealth on the transition 

23 program effective date shall be removed from 

24 the United States on the grounds that such 

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1 lation of subparagraph 212(a)(6)(A) of the Im2 migration and Nationality Act (8 U.S.C. 

3 1182(a)(6)(A)), until the earlier of the date— 

4 ‘‘(i) of the completion of the period of 

5 the alien’s admission under the immigra6 tion laws of the Commonwealth; or 

7 ‘‘(ii) that is 2 years after the transi8 tion program effective date. 

9 ‘‘(B) LIMITATIONS.—Nothing in this sub10 section shall be construed to prevent or limit 

11 the removal under subparagraph 212(a)(6)(A) 

12 of the Immigration and Nationality Act (8 

13 U.S.C. 1182(a)(6)(A)) of such an alien at any 

14 time, if the alien entered the Commonwealth 

15 after the date of enactment of the Northern 

16 Mariana Islands Covenant Implementation Act, 

17 and the Secretary of Homeland Security has 

18 determined that the alien entered the Common19 wealth in violation of this section. 

20 ‘‘(2) EMPLOYMENT AUTHORIZATION.—An alien 

21 who is lawfully present and authorized to be em22 ployed in the Commonwealth pursuant to the immi23 gration laws of the Commonwealth on the transition 

24 program effective date shall be considered authorized 

25 by the Secretary of Homeland Security to be emmstockstill on PROD1PC66 with BILLS

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1 ployed in the Commonwealth until the earlier of the 

2 date— 

3 ‘‘(A) of expiration of the alien’s employ4 ment authorization under the immigration laws 

5 of the Commonwealth; or 

6 ‘‘(B) that is 2 years after the transition 

7 program effective date. 

8 ‘‘(f) EFFECT ON OTHER LAWS.—The provisions of 

9 this section and of the immigration laws, as defined in 

10 section 101(a)(17) of the Immigration and Nationality Act 

11 (8 U.S.C. 1101(a)(17)), shall, on the transition program 

12 effective date, supersede and replace all laws, provisions, 

13 or programs of the Commonwealth relating to the admis14 sion of aliens and the removal of aliens from the Common15 wealth. 

16 ‘‘(g) ACCRUAL OF TIME FOR PURPOSES OF SECTION

17 212(a)(9)(B) OF THE IMMIGRATION AND NATIONALITY

18 ACT.—No time that an alien is present in the Common19 wealth in violation of the immigration laws of the Com20 monwealth shall be counted for purposes of inadmissibility 

21 under section 212(a)(9)(B) of the Immigration and Na22 tionality Act (8 U.S.C. 1182(a)(9)(B)). 

23 ‘‘(h) ONE-TIME NONIMMIGRANT PROVISION FOR

24 CERTAIN LONG-TERM EMPLOYEES.— 

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1 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

2 Security shall grant lawful nonimmigrant status in 

3 the United States to all eligible aliens and their 

4 spouses and children, as described in this subsection. 

5 The Secretary of Homeland Security is authorized to 

6 promulgate regulations to give effect to this sub7 section. 

8 ‘‘(2) CERTIFICATION.—Not later than the tran9 sition program effective date, the Secretary of the 

10 Interior, in consultation with the Secretary of Home11 land Security, the Secretary of Labor, and the Gov12 ernor of the Commonwealth, shall certify as eligible 

13 those workers who have applied and who satisfy the 

14 criteria to receive nonimmigrant status under this 

15 subsection. Each such alien shall— 

16 ‘‘(A) have continually resided, except for 

17 brief absences, in the Commonwealth for at 

18 least the five years prior to enactment of this 

19 Northern Mariana Islands Covenant Implemen20 tation Act; 

21 ‘‘(B) have legal immigration status within 

22 the Commonwealth on the date of enactment of 

23 the Northern Mariana Islands Covenant Imple24 mentation Act, continuing with no lapse in lawmstockstill on PROD1PC66 with BILLS

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1 ful status until the alien’s application is ap2 proved; and 

3 ‘‘(C) shall submit a complete application 

4 establishing the alien’s eligibility, pursuant to 

5 regulations promulgated by the Secretary of 

6 Homeland Security, not later than one year 

7 after the date of enactment of the Northern 

8 Mariana Islands Covenant Implementation Act. 

9 ‘‘(3) ISSUANCE.— 

10 ‘‘(A) IN GENERAL.—The Secretary of 

11 State shall establish and issue an appropriate 

12 visa to each applicant granted lawful non13 immigrant status under paragraph (1) of this 

14 subsection after the date of the enactment of 

15 the Northern Mariana Islands Covenant Imple16 mentation Act. 

17 ‘‘(B) RENEWAL.—Lawful nonimmigrant 

18 status granted under this section shall be re19 newable every 5 years. 

20 ‘‘(C) REPORT TO CONGRESS.—During the 

21 fourth year after the date of the enactment of 

22 the Northern Mariana Islands Covenant Imple23 mentation Act, the Secretary of Homeland Se24 curity shall report to Congress in the Presi25 dent’s annual report submitted to Congress and 

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1 during the fifth year after such date of enact2 ment the Secretary of Homeland Security shall 

3 report to Congress under subsection (g) of the 

4 Northern Mariana Islands Covenant Implemen5 tation Act, on the status of those persons hold6 ing the visas authorized under this subsection 

7 residing in Guam, the Commonwealth, and the 

8 United States, and shall provide recommenda9 tions concerning the future status of such non10 immigrants. 

11 ‘‘(4) STATUS.— 

12 ‘‘(A) IN GENERAL.—Notwithstanding any 

13 other provision of law and subject to subpara14 graph (B), each applicant selected under para15 graph (2) may enter into, lawfully engage in oc16 cupations, and establish residence as a non17 immigrant in the United States and its terri18 tories and possessions without regard to para19 graphs (5) and (7)(B)(i)(II) of section 212(a) 

20 of the Immigration and Nationality Act (8 

21 U.S.C. 1182(a)). 

22 ‘‘(B) ELIGIBILITY FOR STATUS.—An appli23 cant is ineligible for status under subparagraph 

24 (A) or renewal of such status unless and until 

25 the applicant— 

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1 ‘‘(i) passes a background check estab2 lishing that the worker is not ineligible on 

3 criminal and related grounds under para4 graph (2) of section 212(a) of the Immi5 gration and Nationality Act (8 U.S.C. 

6 1182(a)) or security and related grounds 

7 set out in paragraph (3) of such section 

8 212(a); 

9 ‘‘(ii) submits to a medical examination 

10 establishing that the applicant is not ineli11 gible under the health-related criteria set 

12 out in paragraph (1) of such section 

13 212(a); and 

14 ‘‘(iii) is otherwise admissible to the 

15 United States under such section 212(a), 

16 except as provided in subparagraph (A). 

17 ‘‘(i) STATUTORY CONSTRUCTION.—Nothing in this 

18 section may be construed to count the issuance of any visa 

19 to an alien, or the grant of any admission of an alien, 

20 under this section toward any numerical limitation con21 tained in the Immigration and Nationality Act (8 U.S.C. 

22 1101 et seq.).’’. 

23 (b) WAIVER OF REQUIREMENTS FOR NONIMMIGRANT

24 VISITORS.— 

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1 (1) WAIVER OF REQUIREMENTS FOR NON2 IMMIGRANT VISITORS.—Section 212(l) of the Immi3 gration and Nationality Act (8 U.S.C. 1182(l)) is 

4 amended— 

5 (A) in paragraph (1), in the matter pre6 ceding subparagraph (A)— 

7 (i) by striking ‘‘stay on Guam’’, and 

8 inserting ‘‘stay on Guam or the Common9 wealth of the Northern Mariana Islands’’; 

10 (ii) by inserting ‘‘a total of’’ after ‘‘ex11 ceed’’; and 

12 (iii) by striking ‘‘after consultation 

13 with the Governor of Guam,’’ and inserting 

14 ‘‘after consultation with the Governor of 

15 Guam or the Governor of the Common16 wealth of the Northern Mariana Islands,’’; 

17 (B) in paragraph (1)(A), by striking ‘‘on 

18 Guam,’’, and inserting ‘‘on Guam or the Com19 monwealth of the Northern Mariana Islands;’’; 

20 (C) in paragraph (2)(A), by striking ‘‘into 

21 Guam,’’, and inserting ‘‘into Guam or the Com22 monwealth of the Northern Mariana Islands;’’; 

23 (D) in paragraph (3), by inserting ‘‘or the 

24 Government of the Commonwealth of the 

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1 Northern Mariana Islands’’ after ‘‘Government 

2 of Guam’’; and 

3 (E) by adding at the end the following new 

4 paragraphs: 

5 ‘‘(4) In the case of an alien applying for admis6 sion as a nonimmigrant visitor for business or pleas7 ure into the Commonwealth of the Northern Mar8 iana Islands the following shall apply: 

9 ‘‘(A) The Secretary of Homeland Security 

10 may require that the alien, or a representative 

11 of such alien, post a bond that will be returned 

12 to such alien or representative upon the alien’s 

13 departure in accordance with this subsection. 

14 ‘‘(B) The Secretary of Homeland Security 

15 shall monitor the admission of nonimmigrant 

16 visitors to the Commonwealth under this sub17 section. If the Secretary determines that such 

18 admissions have resulted in an unacceptable 

19 number of visitors from a country remaining 

20 unlawfully in the Commonwealth or that visi21 tors from a country pose a risk to law enforce22 ment or security of the Commonwealth or of the 

23 United States or an unacceptable number of 

24 visitors from a country seek refugee protection 

25 under the Commonwealth’s refugee protection 

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1 program, the Secretary shall suspend admission 

2 under this subsection for nationals of such 

3 country. 

4 ‘‘(C) All necessary regulations to imple5 ment this subsection shall be promulgated by 

6 the Secretary of Homeland Security, in con7 sultation with the Secretary of the Interior and 

8 the Secretary of State, not later than 180 days 

9 after the date of the enactment of the Northern 

10 Mariana Islands Covenant Implementation Act. 

11 The promulgation of such regulations shall be 

12 considered a foreign affairs function for pur13 poses of section 553(a) of title 5, United States 

14 Code. 

15 ‘‘(D) At a minimum, such regulations 

16 should include— 

17 ‘‘(i) provisions for a Northern Mar18 iana Islands-Only Visa Waiver of 30 days 

19 duration; 

20 ‘‘(ii) a listing of all countries author21 ized to participate in the Northern Mar22 iana Islands-Only Visa Waiver Program, 

23 including each country from which the 

24 Commonwealth has received tourists dur25 ing the 5 years prior to the date of enactmstockstill on PROD1PC66 with BILLS

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1 ment of the Northern Mariana Islands 

2 Covenant Implementation Act, unless the 

3 Secretary of Homeland Security deter4 mines that such country’s inclusion on 

5 such list would represent a threat to the 

6 welfare, safety, or security of the United 

7 States, its territories, or commonwealths; 

8 and 

9 ‘‘(iii) any bonding requirements for 

10 visitors from some or all of the authorized 

11 countries who may present an increased 

12 risk of overstays or other potential prob13 lems. 

14 ‘‘(E) Not later than 5 years after the date 

15 of enactment of the Northern Mariana Islands 

16 Covenant Implementation Act, the Secretary of 

17 Homeland Security, the Secretary of State, and 

18 the Secretary of the Interior, acting jointly, and 

19 in consultation with the Governor of the Com20 monwealth of the Northern Mariana Islands, 

21 shall establish, by regulation, a schedule for ap22 plying some or all the following requirements to 

23 the Northern Mariana Islands-Only Visa Waiv24 er Program: 

25 ‘‘(i) Electronic travel authorizations. 

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1 ‘‘(ii) Procedures for reporting lost and 

2 stolen passports. 

3 ‘‘(iii) Repatriation. 

4 ‘‘(iv) Rates of refusal for non5 immigrant visitor visas, overstays, exit sys6 tems, and information exchange. 

7 ‘‘(v) Any other requirements that such 

8 Secretaries determine are relevant. 

9 ‘‘(F) The Governor of the Commonwealth 

10 may request that the Secretary of Homeland 

11 Security add to the list of participating coun12 tries in this Northern Mariana Islands-Only 

13 Visa Waiver Program. The Secretary may grant 

14 such a request after consultation with the Sec15 retary of State and the Secretary of the Interior 

16 and may promulgate regulations with respect to 

17 inclusion of those countries and any special re18 quirements the Secretary of Homeland Secu19 rity, that the Secretary, in the Secretary’s sole 

20 discretion, may require prior to allowing non21 immigrant visitors from those countries to enter 

22 the Commonwealth. 

23 ‘‘(G) The Governor of the Commonwealth 

24 of the Northern Mariana Islands may request 

25 that the Secretary of Homeland Security create 

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1 additional Northern Mariana Islands-only non2 immigrant visas to the extent that existing non3 immigrant visa categories in the Immigration 

4 and Nationality Act (8 U.S.C. 1101 et seq.) do 

5 not provide for the type of visitor, the duration 

6 of allowable visit, or other circumstance. The 

7 Secretary of Homeland Security shall review 

8 such request, and, after consultation with the 

9 Secretary of State and the Secretary of the In10 terior, may promulgate regulations with respect 

11 to the creation of those additional special 

12 Northern Mariana Islands-only visa categories. 

13 Such additional special Northern Mariana Is14 lands-only visa categories may include, special 

15 visas for foreign students and foreign retirees.’’. 

16 (2) EFFECTIVE DATE.—The amendments to the 

17 Immigration and Nationality Act made by this sub18 section shall take effect on the first day of the first 

19 full month commencing 1 year after the date of en20 actment of this Act. 

21 (c) INSPECTION OF PERSONS ARRIVING FROM THE

22 COMMONWEALTH; NORTHERN MARIANA ISLANDS-ONLY

23 VISAS NOT VALID FOR ENTRY INTO OTHER PARTS OF

24 THE UNITED STATES.— 

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1 (1) REMOVAL.—Section 212(d)(7) of the Immi2 gration and Nationality Act (8 U.S.C. 1182(d)(7)) is 

3 amended to read— 

4 ‘‘(7) The provisions of subsection (a) (other 

5 than paragraph (7) with respect to an alien who has 

6 not been admitted only to the Commonwealth of the 

7 Northern Mariana Islands) shall be applicable to any 

8 alien who leaves Guam, Puerto Rico, the Common9 wealth of the Northern Mariana Islands, or the Vir10 gin Islands of the United States, and who seeks to 

11 enter the continental United States or any other 

12 place under the jurisdiction of the United States. 

13 Any alien described in this paragraph who is denied 

14 admission to the United States shall be immediately 

15 removed in the manner provided by section 241(c) of 

16 this Act. Nothing in the immigration laws shall be 

17 construed to authorize or require any alien who has 

18 been admitted to the Commonwealth of the North19 ern Mariana Islands pursuant to a Northern Mar20 iana Islands-only visa or in any other status limited 

21 to the Commonwealth of the Northern Mariana Is22 lands to be admitted to or permitted to enter any 

23 other part of the United States unless such admis24 sion or entry is otherwise authorized by the immi25 gration laws.’’. 

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1 (2) ENTRY INTO OTHER UNITED STATES JURIS2 DICTIONS.—Persons admitted to the Commonwealth 

3 under a Northern Mariana Islands-only visa shall 

4 not be eligible for entry into the United States or 

5 any of its territories, possessions, or commonwealths 

6 without first obtaining an appropriate visa or visa 

7 waiver for entry to that jurisdiction. 

8 (d) SPECIAL PROVISION TO ENSURE ADEQUATE EM9 PLOYMENT; NORTHERN MARIANA ISLANDS-ONLY TRAN10 SITIONAL WORKERS.—An alien who is seeking to enter 

11 the Commonwealth as a nonimmigrant worker may be ad12 mitted to perform work during the transition period (as 

13 that term is used in subsection (a) of section 6 of the Joint 

14 Resolution to Approve the ‘‘Covenant to Establish a Com15 monwealth of the Northern Mariana Islands in Political 

16 Union With the United States of America’’, and for other 

17 purposes, approved March 24, 1976, as added by sub18 section (a) of this section, subject to the following require19 ments: 

20 (1) Such an alien shall be treated as a non21 immigrant described in section 101(a)(15) of the 

22 Immigration and Nationality Act (8 U.S.C. 

23 1101(a)(15)), including the ability to apply, if other24 wise eligible, for a change of nonimmigrant classi25 fication under section 248 of such Act (8 U.S.C. 

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1 1258), or adjustment of status, if eligible therefor, 

2 under this section and section 245 of such Act (8 

3 U.S.C. 1255). 

4 (2) The Secretary of Homeland Security shall 

5 establish, administer, and enforce a system for allo6 cating and determining the number, terms, and con7 ditions of permits to be issued to prospective em8 ployers for each nonimmigrant worker who would 

9 not otherwise be eligible for admission under the Im10 migration and Nationality Act (8 U.S.C. 1101 et 

11 seq.). This system shall provide for a reduction in 

12 the allocation of permits for such workers on an an13 nual basis, to zero, during a period not to extend be14 yond December 31, 2017, unless extended pursuant 

15 to this subsection, and shall take into account the 

16 number of petitions granted under subsection (h) of 

17 section 6 of the Joint Resolution to Approve the 

18 ‘‘Covenant of the Northern Mariana Islands in Polit19 ical Union With the United States of America’’, and 

20 for other purposes, approved March 24, 1976 (Pub21 lic Law 94–241), as added by subsection (a) of this 

22 section. In no event shall a permit be valid beyond 

23 the expiration of the transition period. This system 

24 may be based on any reasonable method and criteria 

25 determined by the Secretary of Homeland Security 

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1 to promote the maximum use of, and to prevent ad2 verse effects on wages and working conditions of, 

3 United States citizen workers, including lawfully ad4 missible freely associated state citizen labor, and 

5 those granted resident status under such subsection 

6 (h). 

7 (3) Notwithstanding section 703(b) of the Cov8 enant of the Northern Mariana Islands in Political 

9 Union With the United States of America, the Sec10 retary of Homeland Security is authorized to estab11 lish and collect appropriate user fees from the em12 ployer of such an alien. Amounts collected pursuant 

13 to this section shall be deposited in a special fund 

14 of the Treasury. Such amounts shall be available, 

15 and may be apportioned without further appropria16 tion for the purposes of administering this Act, and 

17 shall remain available until expended. 

18 (4) The Secretary of Homeland Security shall 

19 set the conditions for admission of such an alien 

20 under the transition program, and the Secretary of 

21 State shall authorize the issuance of nonimmigrant 

22 visas for such an alien to engage in employment only 

23 as authorized in this subsection. Such a visa shall 

24 not be valid for admission to the United States, as 

25 defined in section 101(a)(38) of the Immigration 

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1 and Nationality Act (8 U.S.C. 1101(a)(38)), except 

2 admission to the Commonwealth. An alien admitted 

3 to the Commonwealth on the basis of such a visa 

4 shall be permitted to engage in employment only as 

5 authorized pursuant to the transition program. No 

6 alien shall be granted nonimmigrant classification or 

7 a visa under this subsection unless the permit re8 quirements established under paragraph (2) have 

9 been met. 

10 (5)(A) Such an alien shall be permitted to 

11 transfer between employers in the Commonwealth 

12 during the period of such alien’s authorized stay 

13 therein, without advance permission of the employ14 ee’s current or prior employer, within the alien’s oc15 cupational category to the same or another occupa16 tional category the Secretary of Homeland Security 

17 has found, pursuant to subparagraph (B) below, re18 quires alien workers to supplement the resident 

19 workforce. 

20 (B) No later than 180 days prior to the expira21 tion of the transition period, or any extension there22 of, the Secretary of Labor, in consultation with the 

23 Secretary of Homeland Security, the Secretary of 

24 the Interior, and the Governor of the Common25 wealth, shall ascertain the current and anticipated 

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1 labor needs of the Commonwealth and determine 

2 whether extensions, in 5-year increments, of the pro3 visions of this paragraph are necessary to ensure an 

4 adequate number of workers will be available for le5 gitimate businesses in the Commonwealth. For the 

6 purpose of this subparagraph, a business shall not 

7 be considered legitimate if it engages directly or in8 directly in prostitution or any activity that is illegal 

9 under Federal or local law. The determinations of 

10 whether a business is legitimate and to what extent, 

11 if any, it may require alien workers to supplement 

12 the resident workforce, shall be made by the Sec13 retary of Homeland Security, in the Secretary’s sole 

14 discretion, and shall not be reviewable. 

15 (C) If the Secretary of Labor determines that 

16 such an extension is necessary to ensure an ade17 quate number of workers for legitimate businesses in 

18 the Commonwealth, the Secretary of Labor may, 

19 through notice published in the Federal Register, 

20 provide for 1 or more extension periods of up to 5 

21 years for each such extension period. 

22 (D) In making the determination of whether 

23 alien workers are necessary to ensure an adequate 

24 number of workers for legitimate businesses in the 

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1 ers that are necessary, the Secretary of Labor may 

2 consider, among other relevant factors— 

3 (i) government, industry, or independent 

4 workforce studies reporting on the need, or lack 

5 thereof, for alien workers in the Common6 wealth’s businesses; 

7 (ii) the unemployment rate of United 

8 States citizen workers residing in the Common9 wealth; 

10 (iii) the unemployment rate of non-United 

11 States citizen permanent residents in the Com12 monwealth; 

13 (iv) the number of unemployed alien work14 ers in the Commonwealth; 

15 (v) any good faith efforts to locate, edu16 cate, train, or otherwise prepare United States 

17 citizen residents, non-United States citizen per18 manent residents, and unemployed alien work19 ers already within the Commonwealth, to as20 sume those jobs; 

21 (vi) any available evidence tending to show 

22 that United States citizen residents, non-United 

23 States citizen permanent residents, and unem24 ployed alien workers already in the Commonmstockstill on PROD1PC66 with BILLS

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1 wealth are not willing to accept jobs of the type 

2 offered; 

3 (vii) the extent to which admittance of 

4 alien workers will affect the compensation, ben5 efits, and living standards of existing workers 

6 within those industries and other industries au7 thorized to employ alien workers; and 

8 (viii) the prior use, if any, of alien workers 

9 to fill those industry jobs, and whether the in10 dustry is overly and unnecessarily reliant on 

11 alien workers. 

12 (6) The Secretary of Homeland Security may 

13 authorize the admission of a spouse or minor child 

14 accompanying or following to join a worker admitted 

15 pursuant to this subsection. 

16 (e) TECHNICAL ASSISTANCE PROGRAM.— 

17 (1) IN GENERAL.—The Secretary of the Inte18 rior, in consultation with the Governor of the Com19 monwealth, the Secretary of Labor, and the Sec20 retary of Commerce, and as provided in the Inter21 agency Agreements required to be negotiated under 

22 subsection (a)(4) of section 6 of the Joint Resolution 

23 to Approve the ‘‘Covenant of the Northern Mariana 

24 Islands in Political Union With the United States of 

25 America’’, and for other purposes, approved March 

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1 24, 1976 (Public Law 94–241), as added by sub2 section (a) of this section, shall provide— 

3 (A) technical assistance and other support 

4 to the Commonwealth to identify opportunities 

5 for, and encourage diversification and growth 

6 of, the economy of the Commonwealth; and 

7 (B) technical assistance, including assist8 ance in recruiting, training, and hiring of work9 ers, to assist employers in the Commonwealth 

10 in securing employees first from among United 

11 States citizens and nationals resident in the 

12 Commonwealth and if an adequate number of 

13 such workers are not available, from among 

14 legal permanent residents including lawfully ad15 missible citizens of the freely associated states. 

16 (2) CONSULTATION.—In providing such tech17 nical assistance under paragraph (1), the Secretaries 

18 shall— 

19 (A) consult with the Government of the 

20 Commonwealth, local businesses, regional 

21 banks, educational institutions, and other ex22 perts in the economy of the Commonwealth; 

23 and 

24 (B) assist in the development and imple25 mentation of a process to identify opportunities 

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1 for and encourage diversification and growth of 

2 the economy of the Commonwealth and to iden3 tify and encourage opportunities to meet the 

4 labor needs of the Commonwealth. 

5 (3) COST-SHARING.—For the provision of tech6 nical assistance or support under this paragraph 

7 (other than that required to pay the salaries and ex8 penses of Federal personnel), the Secretary of the 

9 Interior shall require a non-Federal matching con10 tribution of 10 percent. 

11 (f) OPERATIONS.— 

12 (1) ESTABLISHMENT.—The Attorney General, 

13 Secretary of Homeland Security, and the Secretary 

14 of Labor may establish and maintain United States 

15 Citizenship and Immigration Services, Executive Of16 fice for Immigration Review, and Department of 

17 Labor operations in the Commonwealth for the pur18 pose of carrying out duties under— 

19 (A) the Immigration and Nationality Act 

20 (8 U.S.C. 1101 et seq.); and 

21 (B) the transition program established 

22 under section 6 of the Joint Resolution to Ap23 prove the ‘‘Covenant of the Northern Mariana 

24 Islands in Political Union With the United 

25 States of America’’, and for other purposes, apmstockstill on PROD1PC66 with BILLS

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1 proved March 24, 1976 (Public Law 94–241), 

2 as added by subsection (a) of this section. 

3 (2) PERSONNEL.—To the maximum extent 

4 practicable and consistent with the satisfactory per5 formance of assigned duties under applicable law, 

6 the Attorney General, Secretary of Homeland Secu7 rity, and the Secretary of Labor shall recruit and 

8 hire personnel from among qualified United States 

9 citizen and national applicants residing in the Com10 monwealth to serve as staff in carrying out oper11 ations described in paragraph (1). 

12 (g) REPORTS TO CONGRESS.— 

13 (1) IN GENERAL.—By March 1, of the first 

14 year which is at least 2 full years after the date of 

15 enactment of this Act, and annually thereafter, the 

16 President shall submit to the Committee on Energy 

17 and Natural Resources and the Committee on the 

18 Judiciary of the Senate and the Committee on Nat19 ural Resources and the Committee on the Judiciary 

20 of the House of Representatives a report that evalu21 ates the overall effect of the transition program es22 tablished under section 6 of the Joint Resolution to 

23 Approve the ‘‘Covenant of the Northern Mariana Is24 lands in Political Union With the United States of 

25 America’’, and for other purposes, approved March 

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1 24, 1976 (Public Law 94–241) as added by sub2 section (a) of this section, and the Immigration and 

3 Nationality Act (8 U.S.C. 1101 et seq.) on the Com4 monwealth. 

5 (2) CONTENTS.—In addition to other topics 

6 otherwise required to be included under this Act or 

7 the amendments made by this Act, each report sub8 mitted under paragraph (1) shall include a descrip9 tion of the efforts that have been undertaken during 

10 the period covered by the report to diversify and 

11 strengthen the local economy of the Commonwealth, 

12 including efforts to promote the Commonwealth as a 

13 tourist destination. 

14 (3) GAO REPORTS.—The Government Account15 ability Office shall submit a report to the Congress 

16 not later than 1 year, 3 years, and 5 years after the 

17 date of enactment of this Act, to include, at a min18 imum, the following items: 

19 (A) An assessment of the implementation 

20 of this Act and the amendments made by this 

21 Act, including an assessment of the perform22 ance of Federal agencies and the government of 

23 the Commonwealth in meeting Congressional 

24 intent. 

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1 (B) An assessment of the short-term and 

2 long-term impacts of implementation of this Act 

3 and the amendments made by this Act on the 

4 economy of the Commonwealth, including its 

5 ability to obtain workers to supplement its resi6 dent workforce and to maintain access to its 

7 tourists and customers, and any affect on com8 pliance with United States treaty obligations 

9 mandating non-refoulement for refugees. 

10 (C) An assessment of the economic benefit 

11 of the investors ‘‘grandfathered’’ under sub12 section (e) of section 6 of the Joint Resolution 

13 to Approve the ‘‘Covenant of the Northern Mar14 iana Islands in Political Union With the United 

15 States of America’’, and for other purposes, ap16 proved March 24, 1976 (Public Law 94–241), 

17 as added by subsection (a) of this section, and 

18 the Commonwealth’s ability to attract new in19 vestors after the date of the enactment of this 

20 Act. 

21 (D) An assessment of the number of illegal 

22 aliens in the Commonwealth, including any 

23 Federal and Commonwealth efforts to locate 

24 and repatriate them. 

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1 (E) An assessment of the effectiveness of 

2 Commonwealth gambling regulations. 

3 (F) Recommendations for furthering Con4 gressional intent under this Act. 

5 (G) Comments on annual reports sub6 mitted to the Congress by the Commonwealth 

7 under subparagraph (4) of this paragraph. 

8 (4) REPORTS BY THE LOCAL GOVERNMENT.— 

9 The Governor of the Commonwealth may submit an 

10 annual report to the President on the implementa11 tion of this Act, and the amendments made by this 

12 Act, with recommendations for future changes. The 

13 President shall forward the Governor’s report to the 

14 Congress with any Administration comment after an 

15 appropriate period of time for internal review. 

16 (h) LIMITATION ON NUMBER OF ALIEN WORKERS

17 PRIOR TO APPLICATION OF THE IMMIGRATION AND NA18 TIONALITY ACT AND ESTABLISHMENT OF TRANSITION

19 PROGRAM.—During the period beginning on the date of 

20 enactment of this Act and ending on the effective date 

21 of the transition program established under section 6 of 

22 the Joint Resolution to Approve the ‘‘Covenant of the 

23 Northern Mariana Islands in Political Union With the 

24 United States of America’’, and for other purposes, ap25 proved March 24, 1976 (Public Law 94–241), as added 

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1 by subsection (a) of this section, the government of the 

2 Commonwealth shall not permit an increase in the total 

3 number of alien workers who are present in the Common4 wealth as of the date of enactment of this Act. 

5 (i) AMENDMENT TO CLARIFY IMMIGRATION AND NA6 TIONALITY ACT WITH RESPECT TO TIME SPENT IN THE

7 UNITED STATES FOR LAWFUL PERMANENT RESI8 DENTS.—With regard to persons who have previously been 

9 granted United States lawful permanent resident status, 

10 and who reside in the Commonwealth, and whose resi11 dence may not have fallen within the provisions of section 

12 506(c) of the Covenant to Establish a Commonwealth of 

13 the Northern Mariana Islands in Political Union with the 

14 United States of America, periods of residence in the Com15 monwealth, prior to the date of the enactment of this Act, 

16 shall be considered to have been resident within the United 

17 States. 

Æ 

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