110TH CONGRESS 
1ST SESSION H. R. 3079 
AN ACT 
To amend the joint resolution that approved the covenant 
establishing the Commonwealth of the Northern Mariana 
Islands, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—NORTHERN MARIANA 
ISLANDS IMMIGRATION, SE-
CURITY, AND LABOR ACT 
SECTION 101. SHORT TITLE. 
This title may be cited as the ‘‘Northern Mariana Is-
lands Immigration, Security, and Labor Act’’. 
SEC. 102. STATEMENT OF CONGRESSIONAL INTENT. 
(a) IMMIGRATION AND GROWTH.—In recognition of 
the need to ensure uniform adherence to long-standing 
fundamental immigration policies of the United States, it 
is the intention of the Congress in enacting this title— 
(1) to ensure that effective border control pro-
cedures are implemented and observed, and that na-
tional security and homeland security issues are 
properly addressed, by extending the immigration 
laws (as defined in section 101(a)(17) of the Immi-
gration and Nationality Act (8 U.S.C. 1101 
(a)(17)), to apply to the Commonwealth of the 
Northern Mariana Islands (referred to in this title 
as the ‘‘Commonwealth’’), with special provisions to 
allow for— 
(A) the orderly phasing-out of the non-
resident contract worker program of the Com-
monwealth; and
(B) the orderly phasing-in of Federal re-
sponsibilities over immigration in the Common-
wealth; and 
(2) to minimize, to the greatest extent prac-
ticable, potential adverse economic and fiscal effects 
of phasing-out the Commonwealth’s nonresident con-
tract worker program and to maximize the Common-
wealth’s potential for future economic and business 
growth by— 
(A) encouraging diversification and growth 
of the economy of the Commonwealth in accord-
ance with fundamental values underlying Fed-
eral immigration policy; 
(B) recognizing local self-government, as 
provided for in the Covenant To Establish a 
Commonwealth of the Northern Mariana Is-
lands in Political Union With the United States 
of America through consultation with the Gov-
ernor of the Commonwealth; 
(C) assisting the Commonwealth in achiev-
ing a progressively higher standard of living for 
citizens of the Commonwealth through the pro-
vision of technical and other assistance;
(D) providing opportunities for individuals 
authorized to work in the United States, includ-
ing citizens of the freely associated states; and 
(E) providing a mechanism for the contin-
ued use of alien workers, to the extent those 
workers continue to be necessary to supplement 
the Commonwealth’s resident workforce, and to 
protect those workers from the potential for 
abuse and exploitation. 
(b) AVOIDING ADVERSE EFFECTS.—In recognition of 
the Commonwealth’s unique economic circumstances, his-
tory, and geographical location, it is the intent of the Con-
gress that the Commonwealth be given as much flexibility 
as possible in maintaining existing businesses and other 
revenue sources, and developing new economic opportuni-
ties, consistent with the mandates of this title. This title, 
and the amendments made by this title, should be imple-
mented wherever possible to expand tourism and economic 
development in the Commonwealth, including aiding pro-
spective tourists in gaining access to the Commonwealth’s 
memorials, beaches, parks, dive sites, and other points of 
interest.
SEC. 103. IMMIGRATION REFORM FOR THE COMMON-
WEALTH. 
(a) AMENDMENT TO JOINT RESOLUTION APPROVING 
COVENANT
ESTABLISHING
COMMONWEALTH
OF
THE 
NORTHERN MARIANA ISLANDS.—The Joint Resolution 
entitled ‘‘A Joint Resolution to approve the ‘Covenant To 
Establish a Commonwealth of the Northern Mariana Is-
lands in Political Union with the United States of Amer-
ica’, and for other purposes’’, approved March 24, 1976 
(Public Law 94–241; 90 Stat. 263), is amended by adding 
at the end the following new section: 
‘‘SEC. 6. IMMIGRATION AND TRANSITION. 
‘‘(a) APPLICATION OF THE IMMIGRATION AND NA-
TIONALITY 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 the en-
actment of the Northern Mariana Islands Immigra-
tion, Security, and Labor Act (hereafter referred to 
as the ‘transition program effective date’), the provi-
sions of the ‘immigration laws’ (as defined in section 
101(a)(17) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(17))) shall apply to the Common-
wealth 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 pro-
gram effective date and ending on 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 Attor-
ney General, the Secretary of Labor, and the Sec-
retary of the Interior, shall establish, administer, 
and enforce a transition program to regulate immi-
gration to the Commonwealth, as provided in this 
section (hereafter referred to as the ‘transition pro-
gram’). 
‘‘(3) DELAY OF COMMENCEMENT OF TRANSI-
TION PERIOD.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security, in the Secretary’s sole dis-
cretion, in consultation with the Secretary of 
the Interior, the Secretary of Labor, the Sec-
retary of State, the Attorney General, and the 
Governor of the Commonwealth, may determine 
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 no-
tify the Congress of a determination under sub-
paragraph (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 notification under subparagraph (B) 
is made. 
‘‘(4) REQUIREMENT FOR REGULATIONS.—The 
transition program shall be implemented pursuant to 
regulations to be promulgated, as appropriate, by 
the head of each agency or department of the United 
States having responsibilities under the transition 
program. 
‘‘(5) INTERAGENCY
AGREEMENTS.—The Sec-
retary of Homeland Security, the Secretary of State, 
the Secretary of Labor, and the Secretary of the In-
terior shall negotiate and implement agreements 
among their agencies to identify and assign their re-
spective duties so as to ensure timely and proper im-
plementation of the provisions of this section. The 
agreements should address, at a minimum, proce-
dures to ensure that Commonwealth employers have
access to adequate labor, and that tourists, students, 
retirees, and other visitors have access to the Com-
monwealth without unnecessary delay or impedi-
ment. The agreements may also allocate funding be-
tween the respective agencies tasked with various re-
sponsibilities under this section. 
‘‘(6) CERTAIN EDUCATION FUNDING.—In addi-
tion to fees charged pursuant to section 286(m) of 
the Immigration and Nationality Act (8 U.S.C. 
1356(m)) to recover the full costs of providing adju-
dication services, the Secretary of Homeland Secu-
rity shall charge an annual supplemental fee of $150 
per nonimmigrant worker to each prospective em-
ployer who is issued a permit under subsection (d) 
of this section during the transition period. Such 
supplemental fee 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. 
‘‘(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 Com-
monwealth after having been interdicted in inter-
national or United States waters. 
‘‘(b) NUMERICAL LIMITATIONS FOR NONIMMIGRANT 
WORKERS.—An alien, if otherwise qualified, may seek ad-
mission to Guam or to the Commonwealth during the 
transition program as a nonimmigrant worker under sec-
tion 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. Not later than 3 years following 
the transition program effective date, the Secretary of 
Homeland Security shall issue a report to the Committee 
on Energy and Natural Resources and the Committee on 
the Judiciary of the Senate and the Committee on Natural 
Resources and the Committee on the Judiciary of the 
House of Representatives projecting the number of asylum 
claims the Secretary anticipates following the termination 
of the transition period, the efforts the Secretary has 
made to ensure appropriate interdiction efforts, provide 
for appropriate treatment of asylum seekers, and prepare 
to accept and adjudicate asylum claims in the Common-
wealth.
‘‘(c) NONIMMIGRANT INVESTOR VISAS.— 
‘‘(1) IN GENERAL.—Notwithstanding the treaty 
requirements in section 101(a)(15)(E) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(E)), during the transition period, the 
Secretary of Homeland Security may, upon the ap-
plication 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 Common-
wealth in long-term investor status under the 
immigration laws of the Commonwealth before 
the transition program effective date; 
‘‘(B) has continuously maintained resi-
dence in the Commonwealth under long-term 
investor status; 
‘‘(C) is otherwise admissible; and 
‘‘(D) maintains the investment or invest-
ments that formed the basis for such long-term 
investor status. 
‘‘(2) REQUIREMENT
FOR
REGULATIONS.—Not 
later than 60 days before the transition program ef-
fective date, the Secretary of Homeland Security
shall publish regulations in the Federal Register to 
implement this subsection. 
‘‘(d) SPECIAL PROVISION
TO ENSURE ADEQUATE 
EMPLOYMENT; COMMONWEALTH ONLY TRANSITIONAL 
WORKERS.—An alien who is seeking to enter the Com-
monwealth 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 non-
immigrant 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 other-
wise eligible, for a change of nonimmigrant classi-
fication under section 248 of such Act (8 U.S.C. 
1258) or adjustment of status 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 allo-
cating and determining the number, terms, and con-
ditions of permits to be issued to prospective em-
ployers for each such nonimmigrant worker de-
scribed 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, in good faith and not later than 30 days 
after receipt by the Secretary, any comments and 
advice submitted by the Governor of the Common-
wealth. This system shall provide for a reduction in 
the allocation of permits for such workers on an an-
nual basis, to zero, during a period not to extend be-
yond 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 be-
yond 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 condi-
tions 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 es-
tablished 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. Such a visa shall not be valid 
for admission to the United States, as defined in 
section 101(a)(38) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(38)), except admission 
to the Commonwealth. An alien admitted to the 
Commonwealth on the basis of such a visa shall be 
permitted to engage in employment only as author-
ized pursuant to the transition program. 
‘‘(4) Such an alien shall be permitted to trans-
fer between employers in the Commonwealth during 
the period of such alien’s authorized stay therein, 
without permission of the employee’s current or 
prior employer, within the alien’s occupational cat-
egory or another occupational category the Secretary 
of Homeland Security has found requires alien work-
ers 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 Common-
wealth, shall ascertain the current and anticipated 
labor needs of the Commonwealth and determine 
whether an extension of up to 5 years of the provi-
sions of this subsection is necessary to ensure an
adequate number of workers will be available for le-
gitimate businesses in the Commonwealth. For the 
purpose of this subparagraph, a business shall not 
be considered legitimate if it engages directly or in-
directly in prostitution, trafficking in minors, or any 
other activity that is illegal under Federal or local 
law. The determinations of whether a business is le-
gitimate and to what extent, if any, it may require 
alien workers to supplement the resident workforce, 
shall be made by the Secretary of Homeland Secu-
rity, in the Secretary’s sole discretion. 
‘‘(B) If the Secretary of Labor determines that 
such an extension is necessary to ensure an ade-
quate number of workers for legitimate businesses in 
the Commonwealth, the Secretary of Labor may, 
through notice published in the Federal Register, 
provide for an additional extension period of up to 
5 years. 
‘‘(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 work-
ers 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 Common-
wealth’s businesses; 
‘‘(ii) the unemployment rate of United 
States citizen workers residing in the Common-
wealth; 
‘‘(iii) the unemployment rate of aliens in 
the Commonwealth who have been lawfully ad-
mitted for permanent residence; 
‘‘(iv) the number of unemployed alien 
workers in the Commonwealth; 
‘‘(v) any good faith efforts to locate, edu-
cate, train, or otherwise prepare United States 
citizen residents, lawful permanent residents, 
and unemployed alien workers already within 
the Commonwealth, to assume those jobs; 
‘‘(vi) any available evidence tending to 
show that United States citizen residents, law-
ful 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, ben-
efits, and living standards of existing workers
within those industries and other industries au-
thorized to employ alien workers; and 
‘‘(viii) the prior use, if any, of alien work-
ers to fill those industry jobs, and whether the 
industry requires alien workers to fill those 
jobs. 
‘‘(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 subpara-
graph (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 vio-
lation of section 212(a)(6)(A) of the Immigra-
tion 
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 immigra-
tion laws of the Commonwealth; or 
‘‘(ii) that is 2 years after the transi-
tion program effective date. 
‘‘(B) LIMITATIONS.—Nothing in this sub-
section 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 the enactment of the Northern 
Mariana Islands Immigration, Security, and 
Labor Act, and the Secretary of Homeland Se-
curity has determined that the Government of 
the Commonwealth has violated section 103(i) 
of the Northern Mariana Islands Immigration, 
Security, and Labor Act. 
‘‘(2) EMPLOYMENT AUTHORIZATION.—An alien 
who is lawfully present and authorized to be em-
ployed in the Commonwealth pursuant to the immi-
gration laws of the Commonwealth on the transition 
program effective date shall be considered authorized 
by the Secretary of Homeland Security to be em-
ployed in the Commonwealth until the earlier of the 
date— 
‘‘(A) of expiration of the alien’s employ-
ment 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 Home-
land Security may require any alien present in the 
Commonwealth on or after the transition period ef-
fective date to register with the Secretary in such a 
manner, and according to such schedule, as he may 
in his discretion require. Paragraphs (1) and (2) of 
this subsection shall not apply to any alien who fails 
to comply with such registration requirement. Not-
withstanding any other law, the Government of the 
Commonwealth shall provide to the Secretary all 
Commonwealth immigration records or other infor-
mation that the Secretary deems necessary to assist 
the implementation of this paragraph or other provi-
sions 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 provi-
sion of the Immigration and Nationality Act relating 
to the registration of aliens. 
‘‘(4) REMOVABLE ALIENS.—Except as specifi-
cally provided in paragraph (1)(A) of this sub-
section, 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 Sec-
retary of Homeland Security may execute any ad-
ministratively 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 admis-
sion of aliens and the removal of aliens from the Common-
wealth. 
‘‘(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 Common-
wealth in violation of the immigration laws of the Com-
monwealth shall be counted for purposes of inadmissibility 
under section 212(a)(9)(B) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(a)(9)(B)). 
‘‘(h) REPORT
ON
NONRESIDENT
GUESTWORKER 
POPULATION.—The Secretary of the Interior, in consulta-
tion with the Secretary of Homeland Security, and the 
Governor of the Commonwealth, shall report to the Con-
gress not later than 2 years after the date of the enact-
ment of the Northern Mariana Islands Immigration, Secu-
rity, and Labor Act. The report shall include— 
‘‘(1) the number of aliens residing in the Com-
monwealth; 
‘‘(2) a description of the legal status (under 
Federal law) of such aliens; 
‘‘(3) the number of years each alien has been 
residing in the Commonwealth; 
‘‘(4) the current and future requirements of the 
Commonwealth economy for an alien workforce; and
‘‘(5) such recommendations to the Congress, as 
the Secretary may deem appropriate, related to 
whether or not the Congress should consider permit-
ting lawfully admitted guest workers lawfully resid-
ing in the Commonwealth on such enactment date to 
apply for long-term status under the immigration 
and nationality laws of the United States.’’. 
(b) WAIVER OF REQUIREMENTS FOR NONIMMIGRANT 
VISITORS.—The Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended— 
(1) 
in 
section 
214(a)(1) 
(8 
U.S.C. 
1184(a)(1))— 
(A) by striking ‘‘Guam’’ each place such 
term appears and inserting ‘‘Guam or the Com-
monwealth of the Northern Mariana Islands’’; 
and 
(B) by striking ‘‘fifteen’’ and inserting 
‘‘45’’; 
(2) 
in 
section 
212(a)(7)(B) 
(8 
U.S.C. 
1182(a)(7)(B)), by amending clause (iii) to read as 
follows: 
‘‘(iii) GUAM AND NORTHERN MARIANA 
ISLANDS VISA WAIVER.—For provision au-
thorizing waiver of clause (i) in the case of 
visitors to Guam or the Commonwealth of
the Northern Mariana Islands, see sub-
section (l).’’; and 
(3) by amending section 212(l) (8 U.S.C. 
1182(l)) to read as follows: 
‘‘(l) GUAM AND NORTHERN MARIANA ISLANDS VISA 
WAIVER PROGRAM.— 
‘‘(1) IN GENERAL.—The requirement of sub-
section (a)(7)(B)(i) may be waived by the Secretary 
of Homeland Security, in the case of an alien apply-
ing for admission as a nonimmigrant visitor for busi-
ness 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 Homeland Security, after con-
sultation with the Secretary of the Interior, the Sec-
retary of State, the Governor of Guam and the Gov-
ernor of the Commonwealth of the Northern Mar-
iana Islands, determines that— 
‘‘(A) an adequate arrival and departure 
control system has been developed in Guam and 
the Commonwealth of the Northern Mariana Is-
lands; and 
‘‘(B) such a waiver does not represent a 
threat to the welfare, safety, or security of the
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
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
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-
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
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
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
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-
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
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’’.
(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
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.
(B) An assessment of the short-term and 
long-term impacts of implementation of this 
title and the amendments made by this title on 
the economy of the Commonwealth, including 
its ability to obtain workers to supplement its 
resident workforce and to maintain access to its 
tourists and customers, and any effect on com-
pliance with United States treaty obligations 
mandating non-refoulement for refugees. 
(C) An assessment of the economic benefit 
of the investors ‘‘grandfathered’’ under sub-
section (c) of 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 purposes’’, approved March 24, 1976 
(Public Law 94–241), as added by subsection 
(a) of this section, and the Commonwealth’s 
ability to attract new investors after the date of 
the enactment of this title. 
(D) An assessment of the number of illegal 
aliens in the Commonwealth, including any 
Federal and Commonwealth efforts to locate 
and repatriate them.
(4) REPORTS BY THE LOCAL GOVERNMENT.— 
The Governor of the Commonwealth may submit an 
annual report to the President on the implementa-
tion of this title, and the amendments made by this 
title, with recommendations for future changes. The 
President shall forward the Governor’s report to the 
Congress with any Administration comment after an 
appropriate period of time for internal review, pro-
vided that nothing in this paragraph shall be con-
strued to require the President to provide any legis-
lative recommendation to the Congress. 
(5) REPORT ON FEDERAL PERSONNEL AND RE-
SOURCE REQUIREMENTS.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security, after consulting with 
the Secretary of the Interior and other departments 
and agencies as may be deemed necessary, shall sub-
mit a report to the Committee on Natural Re-
sources, the Committee on Homeland Security, and 
the Committee on the Judiciary of the House of 
Representatives, and to the Committee on Energy 
and Natural Resources, the Committee on Homeland 
Security and Governmental Affairs, and the Com-
mittee on the Judiciary of the Senate, on the cur-
rent and planned levels of Transportation Security
Administration, United States Customs and Border 
Protection, United States Immigration and Customs 
Enforcement, United States Citizenship and Immi-
gration Services, and United States Coast Guard 
personnel and resources necessary for fulfilling mis-
sion requirements on Guam and the Commonwealth 
in a manner comparable to the level provided at 
other similar ports of entry in the United States. In 
fulfilling this reporting requirement, the Secretary 
shall consider and anticipate the increased require-
ments due to the proposed realignment of military 
forces on Guam and in the Commonwealth and 
growth in the tourism sector. 
(i) REQUIRED ACTIONS PRIOR TO TRANSITION PRO-
GRAM EFFECTIVE DATE.—During the period beginning 
on the date of the enactment of this Act and ending on 
the transition program effective date described in section 
6 of Public Law 94–241 (as added by subsection (a)), the 
Government of the Commonwealth shall— 
(1) not permit an increase in the total number 
of alien workers who are present in the Common-
wealth as of the date of the enactment of this Act; 
and 
(2) administer its nonrefoulement protection 
program—
(A) according to the terms and procedures 
set forth in the Memorandum of Agreement en-
tered into between the Commonwealth of the 
Northern Mariana Islands and the United 
States Department of Interior, Office of Insular 
Affairs, executed on September 12, 2003 (which 
terms and procedures, including but not limited 
to funding by the Secretary of the Interior and 
performance by the Secretary of Homeland Se-
curity of the duties of ‘‘Protection Consultant’’ 
to the Commonwealth, shall have effect on and 
after the date of the enactment of this Act), as 
well as CNMI Public Law 13–61 and the Immi-
gration Regulations Establishing a Procedural 
Mechanism for Persons Requesting Protection 
from Refoulement; and 
(B) so as not to remove or otherwise effect 
the involuntary return of any alien whom the 
Protection Consultant has determined to be eli-
gible for protection from persecution or torture. 
(j) CONFORMING AMENDMENTS TO THE IMMIGRA-
TION AND NATIONALITY ACT.—The Immigration and Na-
tionality Act (8 U.S.C. 1101 et seq.) is amended—
(1) in section 101(a)(15)(D)(ii), by inserting 
‘‘or the Commonwealth of the Northern Mariana Is-
lands’’ after ‘‘Guam’’ each time such term appears; 
(2) in section 101(a)(36), by striking ‘‘and the 
Virgin Islands of the United States’’ and inserting 
‘‘the Virgin Islands of the United States, and the 
Commonwealth of the Northern Mariana Islands’’; 
(3) in section 101(a)(38), by striking ‘‘and the 
Virgin Islands of the United States’’ and inserting 
‘‘the Virgin Islands of the United States, and the 
Commonwealth of the Northern Mariana Islands’’; 
(4) in section 208, by adding at the end the fol-
lowing: 
‘‘(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 des-
ignated port of arrival and including persons who are 
brought to the Commonwealth after having been inter-
dicted in international or United States waters) only on 
or after January 1, 2014.’’; and 
(5) in section 235(b)(1), by adding at the end 
the following:
‘‘(G) COMMONWEALTH OF THE NORTHERN 
MARIANA ISLANDS.—Nothing in this subsection 
shall be construed to authorize or require any 
person described in section 208(e) of this Act to 
be permitted to apply for asylum under section 
208 of this Act at any time before January 1, 
2014.’’. 
(k) AVAILABILITY OF OTHER NONIMMIGRANT PRO-
FESSIONALS.—The requirements of section 212(m)(6)(B) 
of the Immigration and Nationality Act (8 U.S.C. 
1182(m)(6)(B)) shall not apply to a facility in Guam, the 
Commonwealth of the Northern Mariana Islands, or the 
Virgin Islands. 
SEC. 104. FURTHER AMENDMENTS TO PUBLIC LAW 94–241. 
Public Law 94-241, as amended, is further amended 
in section 4(c)(3) by striking the colon after ‘‘Marshall 
Islands’’ and inserting the following: ‘‘, except that 
$200,000 in fiscal year 2009 and $225,000 annually for 
fiscal years 2010 through 2018 are hereby rescinded; Pro-
vided, That the amount rescinded shall be increased by 
the same percentage as that of the annual salary and ben-
efit adjustments for Members of Congress’’. 
SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out this title.
SEC. 106. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as specifically provided in 
this section or otherwise in this Act, this title and the 
amendments made by this title shall take effect on the 
date of the enactment of this title. 
(b) AMENDMENTS TO THE IMMIGRATION AND NA-
TIONALITY ACT.—The amendments to the Immigration 
and Nationality Act made by this Act, and other provi-
sions of this Act applying the immigration laws (as defined 
in section 101(a)(17) of Immigration and Nationality Act 
(8 U.S.C. 1101(a)(17))) to the Commonwealth, shall take 
effect on the transition program effective date described 
in section 6 of Public Law 94–241 (as added by section 
103(a) of this Act), unless specifically provided otherwise 
in this Act. 
(c) CONSTRUCTION.—Nothing in this Act or the 
amendments made by this Act shall be construed to make 
any residence or presence in the Commonwealth before the 
transition program effective date described in section 6 of 
Public Law 94–241 (as added by section 103(a) of this 
Act) residence or presence in the United States, except 
that, for the purpose only of determining whether an alien 
lawfully admitted for permanent residence (as defined in 
section 101(a)(20) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(20))) has abandoned or lost such status 
by reason of absence from the United States, such alien’s
presence in the Commonwealth before, on, or after the 
date of the enactment of this Act shall be considered to 
be presence in the United States. 
TITLE II—NORTHERN MARIANA 
ISLANDS DELEGATE ACT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Northern Mariana Is-
lands Delegate Act’’. 
SEC. 202. DELEGATE TO HOUSE OF REPRESENTATIVES 
FROM COMMONWEALTH OF THE NORTHERN 
MARIANA ISLANDS. 
The Commonwealth of the Northern Mariana Islands 
shall be represented in the United States Congress by the 
Resident Representative to the United States authorized 
by section 901 of the Covenant To Establish a Common-
wealth of the Northern Mariana Islands in Political Union 
With the United States of America (approved by Public 
Law 94–241 (48 U.S.C. 1801 et seq.)). The Resident Rep-
resentative shall be a nonvoting Delegate to the House of 
Representatives, elected as provided in this title. 
SEC. 203. ELECTION OF DELEGATE. 
(a) ELECTORS AND TIME OF ELECTION.—The Dele-
gate shall be elected—
(1) by the people qualified to vote for the popu-
larly elected officials of the Commonwealth of the 
Northern Mariana Islands; and 
(2) at the Federal general election of 2008 and 
at such Federal general election every 2d year there-
after. 
(b) MANNER OF ELECTION.— 
(1) IN GENERAL.—The Delegate shall be elect-
ed at large and by a plurality of the votes cast for 
the office of Delegate. 
(2) EFFECT OF ESTABLISHMENT OF PRIMARY 
ELECTIONS.—Notwithstanding paragraph (1), if the 
Government of the Commonwealth of the Northern 
Mariana Islands, acting pursuant to legislation en-
acted in accordance with the Constitution of the 
Commonwealth of the Northern Mariana Islands, 
provides for primary elections for the election of the 
Delegate, the Delegate shall be elected by a majority 
of the votes cast in any general election for the of-
fice of Delegate for which such primary elections 
were held. 
(c) VACANCY.—In case of a permanent vacancy in the 
office of Delegate, the office of Delegate shall remain va-
cant until a successor is elected and qualified.
(d) COMMENCEMENT OF TERM.—The term of the 
Delegate shall commence on the 3d day of January fol-
lowing the date of the election. 
SEC. 204. QUALIFICATIONS FOR OFFICE OF DELEGATE. 
To be eligible for the office of Delegate a candidate 
shall— 
(1) be at least 25 years of age on the date of 
the election; 
(2) have been a citizen of the United States for 
at least 7 years prior to the date of the election; 
(3) be a resident and domiciliary of the Com-
monwealth of the Northern Mariana Islands for at 
least 7 years prior to the date of the election; 
(4) be qualified to vote in the Commonwealth of 
the Northern Mariana Islands on the date of the 
election; and 
(5) not be, on the date of the election, a can-
didate for any other office. 
SEC. 205. DETERMINATION OF ELECTION PROCEDURE. 
Acting pursuant to legislation enacted in accordance 
with the Constitution of the Commonwealth of the North-
ern Mariana Islands, the Government of the Common-
wealth of the Northern Mariana Islands may determine 
the order of names on the ballot for election of Delegate, 
the method by which a special election to fill a permanent