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United States or its territories and common-
wealths. 
‘‘(2) ALIEN WAIVER OF RIGHTS.—An alien may 
not be provided a waiver under this subsection un-
less 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 North-
ern 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 Con-
vention Against Torture, or an application for 
asylum if permitted under section 208, any ac-
tion for removal of the alien. 
‘‘(3) REGULATIONS.—All necessary regulations 
to implement this subsection shall be promulgated 
by the Secretary of Homeland Security, in consulta-
tion with the Secretary of the Interior and the Sec-
retary of State, on or before the 180th day after the 
date of the enactment of the Northern Mariana Is-
lands Immigration, Security, and Labor Act. The 
promulgation of such regulations shall be considered 
a foreign affairs function for purposes of section 
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553(a) of title 5, United States Code. At a min-
imum, such regulations should include, but not nec-
essarily be limited to— 
‘‘(A) a listing of all countries whose na-
tionals 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 signifi-
cant economic benefit from the number of visi-
tors for pleasure within the one-year period pre-
ceding the date of the enactment of the North-
ern Mariana Islands Immigration, Security, and 
Labor Act, unless the Secretary of Homeland 
Security determines that such country’s inclu-
sion on such list would represent a threat to the 
welfare, safety, or security of the United States 
or its territories; and 
‘‘(B) any bonding requirements for nation-
als of some or all of those countries who may 
present an increased risk of overstays or other 
potential problems, if different from such re-
quirements otherwise provided by law for non-
immigrant visitors. 
‘‘(4) FACTORS.—In determining whether to 
grant or continue providing the waiver under this 
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subsection to nationals of any country, the Secretary 
of Homeland Security, in consultation with the Sec-
retary of the Interior and the Secretary of State, 
shall consider all factors that the Secretary deems 
relevant, including electronic travel authorizations, 
procedures for reporting lost and stolen passports, 
repatriation of aliens, rates of refusal for non-
immigrant visitor visas, overstays, exit systems, and 
information exchange. 
‘‘(5) SUSPENSION.—The Secretary of Home-
land Security shall monitor the admission of non-
immigrant visitors to Guam and the Commonwealth 
of the Northern Mariana Islands under this sub-
section. If the Secretary determines that such admis-
sions have resulted in an unacceptable number of 
visitors from a country remaining unlawfully in 
Guam or the Commonwealth of the Northern Mar-
iana 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 sus-
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pend 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 Sec-
retary of the Interior and the Secretary of Home-
land Security to add a particular country to the list 
of countries whose nationals may obtain the waiver 
provided by this subsection, and the Secretary of 
Homeland Security may grant such request after 
consultation with the Secretary of the Interior and 
the Secretary of State, and may promulgate regula-
tions with respect to the inclusion of that country 
and any special requirements the Secretary of 
Homeland Security, in the Secretary’s sole discre-
tion, may impose prior to allowing nationals of that 
country to obtain the waiver provided by this sub-
section.’’. 
(c) SPECIAL NONIMMIGRANT CATEGORIES FOR GUAM 
AND THE COMMONWEALTH OF THE NORTHERN MARIANA 
ISLANDS.—The Governor of Guam and the Governor of 
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the Commonwealth of the Northern Mariana Islands (re-
ferred to in this subsection as ‘‘CNMI’’) may request that 
the Secretary of Homeland Security study the feasibility 
of creating additional Guam or CNMI-only nonimmigrant 
visas to the extent that existing nonimmigrant visa cat-
egories under the Immigration and Nationality Act do not 
provide for the type of visitor, the duration of allowable 
visit, or other circumstance. The Secretary of Homeland 
Security may review such a request, and, after consulta-
tion with the Secretary of State and the Secretary of the 
Interior, shall issue a report to the Committee on Energy 
and Natural Resources and the Committee on the Judici-
ary of the Senate and the Committee on Natural Re-
sources and the Committee on the Judiciary of the House 
of Representatives with respect to the feasibility of cre-
ating those additional Guam or CNMI-only visa cat-
egories. Consideration of such additional Guam or CNMI- 
only visa categories may include, but are not limited to, 
special nonimmigrant statuses for investors, students, and 
retirees, but shall not include nonimmigrant status for the 
purpose of employment in Guam or the CNMI. 
(d) INSPECTION OF PERSONS ARRIVING FROM THE 
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS; 
GUAM AND NORTHERN MARIANA ISLANDS-ONLY VISAS 
NOT VALID FOR ENTRY INTO OTHER PARTS OF THE 
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UNITED STATES.—Section 212(d)(7) of the Immigration 
and Nationality Act (8 U.S.C. 1182(d)(7)) is amended by 
inserting ‘‘the Commonwealth of the Northern Mariana 
Islands,’’ after ‘‘Guam,’’. 
(e) TECHNICAL ASSISTANCE PROGRAM.— 
(1) IN GENERAL.—The Secretary of the Inte-
rior, in consultation with the Governor of the Com-
monwealth, the Secretary of Labor, and the Sec-
retary of Commerce, and as provided in the Inter-
agency Agreements required to be negotiated under 
section 6(a)(4) of the Joint Resolution entitled ‘‘A 
Joint Resolution to approve the ‘Covenant To Estab-
lish a Commonwealth of the Northern Mariana Is-
lands in Political Union with the United States of 
America’, and for other purposes’’, approved March 
24, 1976 (Public Law 94–241), as added by sub-
section (a), shall provide— 
(A) technical assistance and other support 
to the Commonwealth to identify opportunities 
for, and encourage diversification and growth 
of, the economy of the Commonwealth; 
(B) technical assistance, including assist-
ance in recruiting, training, and hiring of work-
ers, to assist employers in the Commonwealth 
in securing employees first from among United 
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States citizens and nationals resident in the 
Commonwealth and if an adequate number of 
such workers are not available, from among 
legal permanent residents, including lawfully 
admissible citizens of the freely associated 
states; and 
(C) technical assistance, including assist-
ance to identify types of jobs needed, identify 
skills needed to fulfill such jobs, and assistance 
to Commonwealth educational entities to de-
velop curricula for such job skills to include 
training teachers and students for such skills. 
(2) CONSULTATION.—In providing such tech-
nical assistance under paragraph (1), the Secretaries 
shall— 
(A) consult with the Government of the 
Commonwealth, 
local 
businesses, 
regional 
banks, educational institutions, and other ex-
perts in the economy of the Commonwealth; 
and 
(B) assist in the development and imple-
mentation of a process to identify opportunities 
for and encourage diversification and growth of 
the economy of the Commonwealth and to iden-
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tify and encourage opportunities to meet the 
labor needs of the Commonwealth. 
(3) COST-SHARING.—For the provision of tech-
nical assistance or support under this paragraph 
(other than that required to pay the salaries and ex-
penses of Federal personnel), the Secretary of the 
Interior shall require a non-Federal matching con-
tribution of 10 percent. 
(f) OPERATIONS.— 
(1) ESTABLISHMENT.—At any time on and 
after the date of the enactment of this Act, the At-
torney General, Secretary of Homeland Security, 
and the Secretary of Labor may establish and main-
tain offices and other operations in the Common-
wealth for the purpose of carrying out duties 
under— 
(A) the Immigration and Nationality Act 
(8 U.S.C. 1101 et seq.); and 
(B) the transition program established 
under section 6 of the Joint Resolution entitled 
‘‘A 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 pur-
poses’’, approved March 24, 1976 (Public Law 
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94–241), as added by subsection (a) of this sec-
tion. 
(2) PERSONNEL.—To the maximum extent 
practicable and consistent with the satisfactory per-
formance of assigned duties under applicable law, 
the Attorney General, Secretary of Homeland Secu-
rity, and the Secretary of Labor shall recruit and 
hire personnel from among qualified United States 
citizens and national applicants residing in the Com-
monwealth to serve as staff in carrying out oper-
ations described in paragraph (1). 
(g) CONFORMING AMENDMENTS TO PUBLIC LAW 94– 
241.— 
(1) AMENDMENTS.—Public Law 94–241 is 
amended as follows: 
(A) In section 503 of the covenant set 
forth in section 1, by striking subsection (a) 
and redesignating subsections (b) and (c) as 
subsections (a) and (b), respectively. 
(B) By striking section 506 of the cov-
enant set forth in section 1. 
(C) In section 703(b) of the covenant set 
forth in section 1, by striking ‘‘quarantine, 
passport, immigration and naturalization’’ and 
inserting ‘‘quarantine and passport’’. 
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(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the transition 
program effective date described in section 6 of Pub-
lic Law 94–241 (as added by subsection (a)). 
(h) REPORTS TO CONGRESS.— 
(1) IN GENERAL.—Not later than March 1 of 
the first year that is at least 2 full years after the 
date of the enactment of this title, and annually 
thereafter, the President shall submit to the Com-
mittee on Energy and Natural Resources and the 
Committee on the Judiciary of the Senate and the 
Committee on Natural Resources and the Committee 
on the Judiciary of the House of Representatives a 
report that evaluates the overall effect of the transi-
tion program established under section 6 of the 
Joint Resolution entitled ‘‘A Joint Resolution to ap-
prove the ‘Covenant To Establish a Commonwealth 
of the Northern Mariana Islands in Political Union 
with the United States of America’, and for other 
purposes’’, approved March 24, 1976 (Public Law 
94–241), as added by subsection (a) of this section, 
and the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.) on the Commonwealth. 
(2) CONTENTS.—In addition to other topics 
otherwise required to be included under this title or 
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the amendments made by this title, each report sub-
mitted under paragraph (1) shall include a descrip-
tion of the efforts that have been undertaken during 
the period covered by the report to diversify and 
strengthen the local economy of the Commonwealth, 
including efforts to promote the Commonwealth as a 
tourist destination. The report by the President shall 
include an estimate for the numbers of non-
immigrant 
workers 
described 
under 
section 
101(a)(15)(H) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(H)) necessary to avoid 
adverse economic effects in Guam and the Common-
wealth. 
(3) GAO REPORT.—The Government Account-
ability Office shall submit a report to the Congress 
not later than 2 years after the date of the enact-
ment of this title, to include, at a minimum, the fol-
lowing items: 
(A) An assessment of the implementation 
of this title and the amendments made by this 
title, including an assessment of the perform-
ance of Federal agencies and the Government 
of the Commonwealth in meeting congressional 
intent. 
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