II 
Calendar No. 676 
110TH CONGRESS 
2D SESSION 
H. R. 3079 
[Report No. 110–324] 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 12, 2007 
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
APRIL 10, 2008 
Reported by Mr. BINGAMAN, without amendment 
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, 
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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 
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(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; 
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(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. 
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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 
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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. 
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‘‘(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 
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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 
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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. 
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‘‘(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 
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