[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3079 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
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 Representatives of the 
United States of America in Congress assembled,

 TITLE I--NORTHERN MARIANA ISLANDS IMMIGRATION, SECURITY, AND LABOR ACT

SECTION 101. SHORT TITLE.

    This title may be cited as the ``Northern Mariana Islands 
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 procedures are 
        implemented and observed, and that national security and 
        homeland security issues are properly addressed, by extending 
        the immigration laws (as defined in section 101(a)(17) of the 
        Immigration 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 nonresident 
                contract worker program of the Commonwealth; and
                    (B) the orderly phasing-in of Federal 
                responsibilities over immigration in the Commonwealth; 
                and
            (2) to minimize, to the greatest extent practicable, 
        potential adverse economic and fiscal effects of phasing-out 
        the Commonwealth's nonresident contract worker program and to 
        maximize the Commonwealth's potential for future economic and 
        business growth by--
                    (A) encouraging diversification and growth of the 
                economy of the Commonwealth in accordance with 
                fundamental values underlying Federal immigration 
                policy;
                    (B) recognizing local self-government, as provided 
                for in the Covenant To Establish a Commonwealth of the 
                Northern Mariana Islands in Political Union With the 
                United States of America through consultation with the 
                Governor of the Commonwealth;
                    (C) assisting the Commonwealth in achieving a 
                progressively higher standard of living for citizens of 
                the Commonwealth through the provision of technical and 
                other assistance;
                    (D) providing opportunities for individuals 
                authorized to work in the United States, including 
                citizens of the freely associated states; and
                    (E) providing a mechanism for the continued 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, history, and geographical location, it 
is the intent of the Congress that the Commonwealth be given as much 
flexibility as possible in maintaining existing businesses and other 
revenue sources, and developing new economic opportunities, consistent 
with the mandates of this title. This title, and the amendments made by 
this title, should be implemented wherever possible to expand tourism 
and economic development in the Commonwealth, including aiding 
prospective tourists in gaining access to the Commonwealth's memorials, 
beaches, parks, dive sites, and other points of interest.

SEC. 103. IMMIGRATION REFORM FOR THE COMMONWEALTH.

    (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 Islands in Political Union with 
the United States of America', 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 Nationality Act and 
Establishment of a Transition Program.--
            ``(1) In general.--Subject to paragraphs (2) and (3), 
        effective on the first day of the first full month commencing 1 
        year after the date of the enactment of the Northern Mariana 
        Islands Immigration, Security, and Labor Act (hereafter 
        referred to as the `transition program effective date'), the 
        provisions of the `immigration laws' (as defined in section 
        101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(17))) shall apply to the Commonwealth of the Northern 
        Mariana Islands (referred to in this section as the 
        `Commonwealth'), except as otherwise provided in this section.
            ``(2) Transition period.--There shall be a transition 
        period beginning on the transition program effective date and 
        ending 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 Attorney 
        General, the Secretary of Labor, and the Secretary of the 
        Interior, shall establish, administer, and enforce a transition 
        program to regulate immigration to the Commonwealth, as 
        provided in this section (hereafter referred to as the 
        `transition program').
            ``(3) Delay of commencement of transition period.--
                    ``(A) In general.--The Secretary of Homeland 
                Security, in the Secretary's sole discretion, in 
                consultation with the Secretary of the Interior, the 
                Secretary of Labor, the Secretary of State, the 
                Attorney General, and the Governor of the Commonwealth, 
                may 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 notify the Congress of a 
                determination under subparagraph (A) not later than 30 
                days prior to the transition program effective date.
                    ``(C) Congressional review.--A delay of the 
                transition program effective date shall not take effect 
                until 30 days after the date on which the 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 Secretary of Homeland 
        Security, the Secretary of State, the Secretary of Labor, and 
        the Secretary of the Interior shall negotiate and implement 
        agreements among their agencies to identify and assign their 
        respective duties so as to ensure timely and proper 
        implementation of the provisions of this section. The 
        agreements should address, at a minimum, procedures to ensure 
        that Commonwealth employers have access to adequate labor, and 
        that tourists, students, retirees, and other visitors have 
        access to the Commonwealth without unnecessary delay or 
        impediment. The agreements may also allocate funding between 
        the respective agencies tasked with various responsibilities 
        under this section.
            ``(6) Certain education funding.--In addition 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 adjudication services, the Secretary of Homeland 
        Security shall charge an annual supplemental fee of $150 per 
        nonimmigrant worker to each prospective employer 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 
        Commonwealth after having been interdicted in international or 
        United States waters.
    ``(b) Numerical Limitations for Nonimmigrant Workers.--An alien, if 
otherwise qualified, may seek admission to Guam or to the Commonwealth 
during the transition program as a nonimmigrant worker under section 
101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)) without counting against the numerical limitations set 
forth in section 214(g) of such Act (8 U.S.C. 1184(g)). This subsection 
does not apply to any employment to be performed outside of Guam or the 
Commonwealth. 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 Commonwealth.
    ``(c) Nonimmigrant Investor Visas.--
            ``(1) In general.--Notwithstanding the treaty requirements 
        in section 101(a)(15)(E) of the Immigration and Nationality Act 
        (8 U.S.C. 1101(a)(15)(E)), during the transition period, the 
        Secretary of Homeland Security may, upon the application of an 
        alien, classify an alien as a CNMI-only nonimmigrant under 
        section 101(a)(15)(E)(ii) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(15)(E)(ii)) if the alien--
                    ``(A) has been admitted to the Commonwealth in 
                long-term investor status under the immigration laws of 
                the Commonwealth before the transition program 
                effective date;
                    ``(B) has continuously maintained residence in the 
                Commonwealth under long-term investor status;
                    ``(C) is otherwise admissible; and
                    ``(D) maintains the investment or investments that 
                formed the basis for such long-term investor status.
            ``(2) Requirement for regulations.--Not later than 60 days 
        before the transition program effective 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 
Commonwealth as a nonimmigrant worker may be admitted to perform work 
during the transition period subject to the following requirements:
            ``(1) Such an alien shall be treated as a nonimmigrant 
        described in section 101(a)(15) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)), including the ability 
        to apply, if otherwise eligible, for a change of nonimmigrant 
        classification under section 248 of such Act (8 U.S.C. 1258) or 
        adjustment of status under this section and section 245 of such 
        Act (8 U.S.C. 1255).
            ``(2) The Secretary of Homeland Security shall establish, 
        administer, and enforce a system for allocating and determining 
        the number, terms, and conditions of permits to be issued to 
        prospective employers for each such nonimmigrant worker 
        described in this subsection who would not otherwise be 
        eligible for admission under the Immigration and Nationality 
        Act (8 U.S.C. 1101 et seq.). In adopting and enforcing this 
        system, the Secretary shall also consider, in good faith and 
        not later than 30 days after receipt by the Secretary, any 
        comments and advice submitted by the Governor of the 
        Commonwealth. This system shall provide for a reduction in the 
        allocation of permits for such workers on an annual basis, to 
        zero, during a period not to extend beyond December 31, 2013, 
        unless extended pursuant to paragraph 5 of this subsection, and 
        shall take into account the number of petitions granted under 
        subsection (i). In no event shall a permit be valid beyond the 
        expiration of the transition period. This system may be based 
        on any reasonable method and criteria determined by the 
        Secretary of Homeland Security to promote the maximum use of, 
        and to prevent adverse effects on wages and working conditions 
        of, workers authorized to be employed in the United States, 
        including lawfully admissible freely associated state citizen 
        labor. No alien shall be granted nonimmigrant classification or 
        a visa under this subsection unless the permit requirements 
        established under this paragraph have been met.
            ``(3) The Secretary of Homeland Security shall set the 
        conditions for admission of such an alien under the transition 
        program, and the Secretary of State shall authorize the 
        issuance of nonimmigrant visas for such an alien. Such a visa 
        shall not be valid for admission to the United States, as 
        defined in section 101(a)(38) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(38)), except admission to the 
        Commonwealth. An alien admitted to the Commonwealth on the 
        basis of such a visa shall be permitted to engage in employment 
        only as authorized pursuant to the transition program.
            ``(4) Such an alien shall be permitted to transfer between 
        employers in the Commonwealth during the period of such alien's 
        authorized stay therein, without permission of the employee's 
        current or prior employer, within the alien's occupational 
        category or another occupational category the Secretary of 
        Homeland Security has found requires alien workers to 
        supplement the resident workforce.
            ``(5)(A) Not later than 180 days prior to the expiration of 
        the transition period, or any extension thereof, the Secretary 
        of Labor, in consultation with the Secretary of Homeland 
        Security, the Secretary of the Interior, and the Governor of 
        the Commonwealth, shall ascertain the current and anticipated 
        labor needs of the Commonwealth and determine whether an 
        extension of up to 5 years of the provisions of this subsection 
        is necessary to ensure an adequate number of workers will be 
        available for legitimate businesses in the Commonwealth. For 
        the purpose of this subparagraph, a business shall not be 
        considered legitimate if it engages directly or indirectly in 
        prostitution, trafficking in minors, or any other activity that 
        is illegal under Federal or local law. The determinations of 
        whether a business is legitimate and to what extent, if any, it 
        may require alien workers to supplement the resident workforce, 
        shall be made by the Secretary of Homeland Security, in the 
        Secretary's sole discretion.
            ``(B) If the Secretary of Labor determines that such an 
        extension is necessary to ensure an adequate number of workers 
        for legitimate businesses in the Commonwealth, the Secretary of 
        Labor may, through notice published in the Federal Register, 
        provide for 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 workers that are necessary, the Secretary of 
        Labor may consider, among other relevant factors--
                    ``(i) government, industry, or independent 
                workforce studies reporting on the need, or lack 
                thereof, for alien workers in the Commonwealth's 
                businesses;
                    ``(ii) the unemployment rate of United States 
                citizen workers residing in the Commonwealth;
                    ``(iii) the unemployment rate of aliens in the 
                Commonwealth who have been lawfully admitted for 
                permanent residence;
                    ``(iv) the number of unemployed alien workers in 
                the Commonwealth;
                    ``(v) any good faith efforts to locate, educate, 
                train, or otherwise prepare United States citizen 
                residents, lawful permanent residents, and unemployed 
                alien workers already within the Commonwealth, to 
                assume those jobs;
                    ``(vi) any available evidence tending to show that 
                United States citizen residents, lawful permanent 
                residents, and unemployed alien workers already in the 
                Commonwealth are not willing to accept jobs of the type 
                offered;
                    ``(vii) the extent to which admittance of alien 
                workers will affect the compensation, benefits, and 
                living standards of existing workers within those 
                industries and other industries authorized to employ 
                alien workers; and
                    ``(viii) the prior use, if any, of alien workers to 
                fill those industry jobs, and whether the industry 
                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 subparagraph (B), no 
                alien who is lawfully present in the Commonwealth 
                pursuant to the immigration laws of the Commonwealth on 
                the transition program effective date shall be removed 
                from the United States on the grounds that such alien's 
                presence in the Commonwealth is in violation of section 
                212(a)(6)(A) of the Immigration and Nationality Act (8 
                U.S.C. 1182(a)(6)(A)), until the earlier of the date--
                            ``(i) of the completion of the period of 
                        the alien's admission under the immigration 
                        laws of the Commonwealth; or
                            ``(ii) that is 2 years after the transition 
                        program effective date.
                    ``(B) Limitations.--Nothing in this subsection 
                shall be construed to prevent or limit the removal 
                under subparagraph 212(a)(6)(A) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(a)(6)(A)) of such an 
                alien at any time, if the alien entered the 
                Commonwealth after the date of the enactment of the 
                Northern Mariana Islands Immigration, Security, and 
                Labor Act, and the Secretary of Homeland Security 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 employed in the Commonwealth 
        pursuant to the immigration laws of the Commonwealth on the 
        transition program effective date shall be considered 
        authorized by the Secretary of Homeland Security to be employed 
        in the Commonwealth until the earlier of the date--
                    ``(A) of expiration of the alien's employment 
                authorization under the immigration laws of the 
                Commonwealth; or
                    ``(B) that is 2 years after the transition program 
                effective date.
            ``(3) Registration.--The Secretary of Homeland Security may 
        require any alien present in the Commonwealth on or after the 
        transition period effective date to register with the Secretary 
        in such a manner, and according to such schedule, as he may in 
        his discretion require. Paragraphs (1) and (2) of this 
        subsection shall not apply to any alien who fails to comply 
        with such registration requirement. Notwithstanding any other 
        law, the Government of the Commonwealth shall provide to the 
        Secretary all Commonwealth immigration records or other 
        information that the Secretary deems necessary to assist the 
        implementation of this paragraph or other provisions of the 
        Northern Mariana Islands Immigration, Security, and Labor Act. 
        Nothing in this paragraph shall modify or limit section 262 of 
        the Immigration and Nationality Act (8 U.S.C. 1302) or other 
        provision of the Immigration and Nationality Act relating to 
        the registration of aliens.
            ``(4) Removable aliens.--Except as specifically provided in 
        paragraph (1)(A) of this subsection, nothing in this subsection 
        shall prohibit or limit the removal of any alien who is 
        removable under the Immigration and Nationality Act.
            ``(5) Prior orders of removal.--The Secretary of Homeland 
        Security may execute any administratively final order of 
        exclusion, deportation or removal issued under authority of the 
        immigration laws of the United States before, on, or after the 
        transition period effective date, or under authority of the 
        immigration laws of the Commonwealth before the transition 
        period effective date, upon any subject of such order found in 
        the Commonwealth on or after the transition period effective 
        date, regardless whether the alien has previously been removed 
        from the United States or the Commonwealth pursuant to such 
        order.
    ``(f) Effect on Other Laws.--The provisions of this section and of 
the immigration laws, as defined in section 101(a)(17) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)), shall, on the 
transition program effective date, supersede and replace all laws, 
provisions, or programs of the Commonwealth relating to the admission 
of aliens and the removal of aliens from the Commonwealth.
    ``(g) Accrual of Time for Purposes of Section 212(a)(9)(B) of the 
Immigration and Nationality Act.--No time that an alien is present in 
the Commonwealth in violation of the immigration laws of the 
Commonwealth shall be counted for purposes of inadmissibility under 
section 212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(9)(B)).
    ``(h) Report on Nonresident Guestworker Population.--The Secretary 
of the Interior, in consultation with the Secretary of Homeland 
Security, and the Governor of the Commonwealth, shall report to the 
Congress not later than 2 years after the date of the enactment of the 
Northern Mariana Islands Immigration, Security, and Labor Act. The 
report shall include--
            ``(1) the number of aliens residing in the Commonwealth;
            ``(2) a description of the legal status (under Federal law) 
        of such aliens;
            ``(3) 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 permitting lawfully admitted guest 
        workers lawfully residing 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 Commonwealth 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 authorizing waiver 
                        of clause (i) in the case of visitors to Guam 
                        or the Commonwealth of the Northern Mariana 
                        Islands, see subsection (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 subsection 
        (a)(7)(B)(i) may be waived by the Secretary of Homeland 
        Security, in the case of an alien applying for admission as a 
        nonimmigrant visitor for business or pleasure and solely for 
        entry into and stay in Guam or the Commonwealth of the Northern 
        Mariana Islands for a period not to exceed 45 days, if the 
        Secretary of Homeland Security, after consultation with the 
        Secretary of the Interior, the Secretary of State, the Governor 
        of Guam and the Governor of the Commonwealth of the Northern 
        Mariana Islands, determines that--
                    ``(A) an adequate arrival and departure control 
                system has been developed in Guam and the Commonwealth 
                of the Northern Mariana Islands; and
                    ``(B) such a waiver does not represent a threat to 
                the welfare, safety, or security of the United States 
                or its territories and commonwealths.
            ``(2) Alien waiver of rights.--An alien may not be provided 
        a waiver under this subsection unless the alien has waived any 
        right--
                    ``(A) to review or appeal under this Act an 
                immigration officer's determination as to the 
                admissibility of the alien at the port of entry into 
                Guam or the Commonwealth of the Northern Mariana 
                Islands; or
                    ``(B) to contest, other than on the basis of an 
                application for withholding of removal under section 
                241(b)(3) of this Act or under the Convention Against 
                Torture, or an application for asylum if permitted 
                under section 208, any action for removal of the alien.
            ``(3) Regulations.-- All necessary regulations to implement 
        this subsection shall be promulgated by the Secretary of 
        Homeland Security, in consultation with the Secretary of the 
        Interior and the Secretary of State, on or before the 180th day 
        after the date of the enactment of the Northern Mariana Islands 
        Immigration, Security, and Labor Act. The promulgation of such 
        regulations shall be considered a foreign affairs function for 
        purposes of section 553(a) of title 5, United States Code. At a 
        minimum, such regulations should include, but not necessarily 
        be limited to--
                    ``(A) a listing of all countries whose nationals 
                may obtain the waiver also provided by this subsection, 
                except that such regulations shall provide for a 
                listing of any country from which the Commonwealth has 
                received a significant economic benefit from the number 
                of visitors for pleasure within the one-year period 
                preceding the date of the enactment of the Northern 
                Mariana Islands Immigration, Security, and Labor Act, 
                unless the Secretary of Homeland Security determines 
                that such country's inclusion 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 nationals of 
                some or all of those countries who may present an 
                increased risk of overstays or other potential 
                problems, if different from such requirements otherwise 
                provided by law for nonimmigrant visitors.
            ``(4) Factors.--In determining whether to grant or continue 
        providing the waiver under this subsection to nationals of any 
        country, the Secretary of Homeland Security, in consultation 
        with the Secretary 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 nonimmigrant visitor visas, overstays, 
        exit systems, and information exchange.
            ``(5) Suspension.--The Secretary of Homeland Security shall 
        monitor the admission of nonimmigrant visitors to Guam and the 
        Commonwealth of the Northern Mariana Islands under this 
        subsection. If the Secretary determines that such admissions 
        have resulted in an unacceptable number of visitors from a 
        country remaining unlawfully in Guam or the Commonwealth of the 
        Northern Mariana Islands, unlawfully obtaining entry to other 
        parts of the United States, or seeking withholding of removal 
        or asylum, or that visitors from a country pose a risk to law 
        enforcement or security interests of Guam or the Commonwealth 
        of the Northern Mariana Islands or of the United States 
        (including the interest in the enforcement of the immigration 
        laws of the United States), the Secretary shall suspend the 
        admission of nationals of such country under this subsection. 
        The Secretary of Homeland Security may in the Secretary's 
        discretion suspend the Guam and Northern Mariana Islands visa 
        waiver program at any time, on a country-by-country basis, for 
        other good cause.
            ``(6) Addition of countries.--The Governor of Guam and the 
        Governor of the Commonwealth of the Northern Mariana Islands 
        may request the Secretary of the Interior and the Secretary of 
        Homeland 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 
        regulations with respect to the inclusion of that country and 
        any special requirements the Secretary of Homeland Security, in 
        the Secretary's sole discretion, may impose prior to allowing 
        nationals of that country to obtain the waiver provided by this 
        subsection.''.
    (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 (referred 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 
categories 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 consultation 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 Judiciary of the 
Senate and the Committee on Natural Resources and the Committee on the 
Judiciary of the House of Representatives with respect to the 
feasibility of creating those additional Guam or CNMI-only visa 
categories. 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 Interior, in 
        consultation with the Governor of the Commonwealth, the 
        Secretary of Labor, and the Secretary of Commerce, and as 
        provided in the Interagency Agreements required to be 
        negotiated under section 6(a)(4) 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), 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 assistance in 
                recruiting, training, and hiring of workers, 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 assistance to 
                identify types of jobs needed, identify skills needed 
                to fulfill such jobs, and assistance to Commonwealth 
                educational entities to develop curricula for such job 
                skills to include training teachers and students for 
                such skills.
            (2) Consultation.--In providing such technical assistance 
        under paragraph (1), the Secretaries shall--
                    (A) consult with the Government of the 
                Commonwealth, local businesses, regional banks, 
                educational institutions, and other experts in the 
                economy of the Commonwealth; and
                    (B) assist in the development and implementation of 
                a process to identify opportunities for and encourage 
                diversification and growth of the economy of the 
                Commonwealth and to identify and encourage 
                opportunities to meet the labor needs of the 
                Commonwealth.
            (3) Cost-sharing.--For the provision of technical 
        assistance or support under this paragraph (other than that 
        required to pay the salaries and expenses of Federal 
        personnel), the Secretary of the Interior shall require a non-
        Federal matching contribution of 10 percent.
    (f) Operations.--
            (1) Establishment.--At any time on and after the date of 
        the enactment of this Act, the Attorney General, Secretary of 
        Homeland Security, and the Secretary of Labor may establish and 
        maintain offices and other operations in the Commonwealth 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 purposes'', approved March 24, 1976 (Public 
                Law 94-241), as added by subsection (a) of this 
                section.
            (2) Personnel.--To the maximum extent practicable and 
        consistent with the satisfactory performance of assigned duties 
        under applicable law, the Attorney General, Secretary of 
        Homeland Security, and the Secretary of Labor shall recruit and 
        hire personnel from among qualified United States citizens and 
        national applicants residing in the Commonwealth to serve as 
        staff in carrying out operations 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 covenant 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 Public 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 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 a report that evaluates the overall 
        effect of 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 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 submitted under paragraph (1) shall 
        include a description 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 nonimmigrant 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 Commonwealth.
            (3) GAO report.--The Government Accountability Office shall 
        submit a report to the Congress not later than 2 years after 
        the date of the enactment of this title, to include, at a 
        minimum, the following items:
                    (A) An assessment of the implementation of this 
                title and the amendments made by this title, including 
                an assessment of the performance 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 
                compliance with United States treaty obligations 
                mandating non-refoulement for refugees.
                    (C) An assessment of the economic benefit of the 
                investors ``grandfathered'' under subsection (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 implementation 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, provided that nothing in this 
        paragraph shall be construed to require the President to 
        provide any legislative recommendation to the Congress.
            (5) Report on federal personnel and resource 
        requirements.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of Homeland Security, 
        after consulting with the Secretary of the Interior and other 
        departments and agencies as may be deemed necessary, shall 
        submit a report to the Committee on Natural Resources, 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 Committee on the 
        Judiciary of the Senate, on the current and planned levels of 
        Transportation Security Administration, United States Customs 
        and Border Protection, United States Immigration and Customs 
        Enforcement, United States Citizenship and Immigration 
        Services, and United States Coast Guard personnel and resources 
        necessary for fulfilling mission 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 requirements 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 Program 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 Commonwealth 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 entered 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 Security 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 
                Immigration 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 eligible for protection 
                from persecution or torture.
    (j) Conforming Amendments to the Immigration and Nationality Act.--
The Immigration and Nationality 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 Islands'' 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 following:
    ``(e) Commonwealth of the Northern Mariana Islands.--The provisions 
of this section and section 209(b) of this Act shall apply to persons 
physically present in the Commonwealth of the Northern Mariana Islands 
or arriving in the Commonwealth (whether or not at a designated port of 
arrival and including persons who are brought to the Commonwealth after 
having been interdicted in international or United States waters) only 
on or after January 1, 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 Professionals.--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; Provided, That the amount rescinded shall be increased by 
the same percentage as that of the annual salary and benefit 
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 Nationality Act.--The 
amendments to the Immigration and Nationality Act made by this Act, and 
other provisions 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 Islands 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 Commonwealth 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 Representative 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 Delegate shall be elected--
            (1) by the people qualified to vote for the popularly 
        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 thereafter.
    (b) Manner of Election.--
            (1) In general.--The Delegate shall be elected 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 enacted 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 office 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 vacant until a successor 
is elected and qualified.
    (d) Commencement of Term.--The term of the Delegate shall commence 
on the 3d day of January following 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 Commonwealth 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 candidate 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 Northern Mariana Islands, the 
Government of the Commonwealth 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 vacancy in 
the office of Delegate shall be conducted, the method by which ties 
between candidates for the office of Delegate shall be resolved, and 
all other matters of local application pertaining to the election and 
the office of Delegate not otherwise expressly provided for in this 
title.

SEC. 206. COMPENSATION, PRIVILEGES, AND IMMUNITIES.

    Until the Rules of the House of Representatives are amended to 
provide otherwise, the Delegate from the Commonwealth of the Northern 
Mariana Islands shall receive the same compensation, allowances, and 
benefits as a Member of the House of Representatives, and shall be 
entitled to whatever privileges and immunities are, or hereinafter may 
be, granted to any other nonvoting Delegate to the House of 
Representatives.

SEC. 207. LACK OF EFFECT ON COVENANT.

    No provision of this title shall be construed to alter, amend, or 
abrogate any provision of the covenant referred to in section 202 
except section 901 of the covenant.

SEC. 208. DEFINITION.

    For purposes of this title, the term ``Delegate'' means the 
Resident Representative referred to in section 202.

SEC. 209. CONFORMING AMENDMENTS REGARDING APPOINTMENTS TO MILITARY 
              SERVICE ACADEMIES BY DELEGATE FROM THE COMMONWEALTH OF 
              THE NORTHERN MARIANA ISLANDS.

    (a) United States Military Academy.--Section 4342(a)(10) of title 
10, United States Code, is amended by striking ``resident 
representative'' and inserting ``Delegate in Congress''.
    (b) United States Naval Academy.--Section 6954(a)(10) of such title 
is amended by striking ``resident representative'' and inserting 
``Delegate in Congress''.
    (c) United States Air Force Academy.--Section 9342(a)(10) of such 
title is amended by striking ``resident representative'' and inserting 
``Delegate in Congress''.

            Passed the House of Representatives December 11, 2007.

            Attest:

                                                                 Clerk.
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.