[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1634 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1634

  To implement further the Act approving the Covenant to Establish a 
 Commonwealth of the Northern Mariana Islands in Political Union with 
         the United States of America, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 15, 2007

 Mr. Akaka (for himself, Ms. Murkowski, Ms. Cantwell, and Mr. Inouye) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To implement further the Act approving the Covenant to Establish a 
 Commonwealth of the Northern Mariana Islands in Political Union with 
         the United States of America, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Northern Mariana Islands Covenant 
Implementation Act''.

SEC. 2. 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 Congress in enacting this 
Act--
            (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 and Nationality Act, (8 U.S.C. 1101 et seq.), 
        to apply to the Commonwealth of the Northern Mariana Islands 
        (referred to in this Act 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 Act. This Act, and the amendments made by 
this Act, should be interpreted 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. 3. IMMIGRATION REFORM FOR THE COMMONWEALTH.

    (a) Amendments to the Joint Resolution To Approve the Covenant To 
Establish a Commonwealth of the Northern Mariana Islands in Political 
Union With the United States of America.--The 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 enactment of the Northern Mariana 
        Islands Covenant Implementation 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.--Notwithstanding paragraph (1) or 
        any provision of the Immigration and Nationality Act (8 U.S.C. 
        1101 et seq.), there shall be a transition period beginning on 
        the transition program effective date and ending December 31, 
        2017, except as provided in subsection (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) 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.
            ``(4) 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.
            ``(5) Asylum.--
                    ``(A) Requirements.--The Government of the 
                Commonwealth shall comply with the Convention Relating 
                to the Status of Refugees, done at Geneva July 28, 
                1951, the Protocol Relating to the Status of Refugees 
                done at Geneva July 28, 1951, and the United Nations 
                Convention Against Torture and Other Cruel, Inhuman or 
                Degrading Treatment or Punishment done at New York 
                December 10, 1984. If, acting jointly, the Secretary of 
                Homeland Security and the Secretary of State find that 
                the government of the Commonwealth is not in compliance 
                with the such international agreements, section 208 of 
                the Immigration and Nationality Act (8 U.S.C. 1158) 
                regarding asylum shall apply to persons present in the 
                Commonwealth.
                    ``(B) Regulations and report.--The Secretary of 
                Homeland Security is authorized to promulgate 
                regulations for the monitoring and supervision of the 
                Commonwealth's refugee protection program, including 
                the establishment of standards for compliance and 
                noncompliance, and shall report annually to Congress as 
                a part of the report submitted under section 3(g) of 
                the Northern Mariana Islands Covenant Implementation 
                Act on the performance of the Commonwealth in meeting 
                these obligations.
    ``(b) Numerical Limitations for Nonimmigrant Workers.--An alien, if 
otherwise qualified, may seek admission to the Commonwealth on or after 
the transition program effective date 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)).
    ``(c) Immigrants.--
            ``(1) In general.--With the exception of immediate 
        relatives (as defined in section 201(b)(2) of the Immigration 
        and Nationality Act (8 U.S.C. 1151(b)(2)) and aliens granted an 
        immigrant visa as provided in paragraphs (2) and (3) of this 
        subsection, no alien shall be granted initial admission as a 
        lawful permanent resident of the United States at a port of 
        entry in the Commonwealth, or a port of entry in Guam for the 
        purpose of immigrating to the Commonwealth.
            ``(2) Family-sponsored immigrant visas.--For any fiscal 
        year during which the transition program will be in effect, the 
        Secretary of Homeland Security, after consultation with the 
        Governor of the Commonwealth, and in consultation with the 
        heads of the appropriate agencies and departments of the United 
        States, may establish a specific number of additional initial 
        admissions as family-sponsored immigrants at a port of entry in 
        the Commonwealth, or at a port of entry in Guam for the purpose 
        of immigrating to the Commonwealth, pursuant to sections 202 
        and 203(a) of the Immigration and Nationality Act (8 U.S.C. 
        1152 and 1153(a)).
            ``(3) Employment-based visas.--If the Secretary of Labor, 
        after consultation with the Governor of the Commonwealth and 
        the Secretary of Homeland Security, finds that exceptional 
        circumstances exist with respect to the inability of employers 
        in the Commonwealth to obtain sufficient work-authorized labor, 
        in addition to the Commonwealth-only transitional workers 
        authorized under subsection (d) of this section, the Secretary 
        of Homeland Security may establish a specific number of 
        employment-based visas that will not count against the 
        numerical limitations under section 203(b) of the Immigration 
        and Nationality Act (8 U.S.C. 1153(b)). The labor certification 
        requirements of section 212(a)(5) of that Act (8 U.S.C. 
        1182(a)(5)) shall not apply to an alien seeking immigration 
        benefits under this subsection. An alien granted an employment-
        based visa under this paragraph may be admitted initially at a 
        port of entry in the Commonwealth, or at a port of entry in 
        Guam for the purpose of immigrating to the Commonwealth, as a 
        lawful permanent resident of the United States.
    ``(d) 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 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 180 days 
        after the transition program effective date, the Secretary of 
        Homeland Security shall publish regulations in the Federal 
        Register to implement this subsection.
            ``(3) Interim procedures.--The Secretary of Homeland 
        Security shall treat an alien who meets the requirements of 
        paragraph (1) as a nonimmigrant under section 101(a)(15)(E)(ii) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(E)(ii)) until the regulations implementing this 
        subsection are published.
    ``(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 
                subparagraph 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 enactment of the 
                Northern Mariana Islands Covenant Implementation Act, 
                and the Secretary of Homeland Security has determined 
                that the alien entered the Commonwealth in violation of 
                this section.
            ``(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.
    ``(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) One-Time Nonimmigrant Provision for Certain Long-Term 
Employees.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        grant lawful nonimmigrant status in the United States to all 
        eligible aliens and their spouses and children, as described in 
        this subsection. The Secretary of Homeland Security is 
        authorized to promulgate regulations to give effect to this 
        subsection.
            ``(2) Certification.--Not later than the transition program 
        effective date, the Secretary of the Interior, in consultation 
        with the Secretary of Homeland Security, the Secretary of 
        Labor, and the Governor of the Commonwealth, shall certify as 
        eligible those workers who have applied and who satisfy the 
        criteria to receive nonimmigrant status under this subsection. 
        Each such alien shall--
                    ``(A) have continually resided, except for brief 
                absences, in the Commonwealth for at least the five 
                years prior to enactment of this Northern Mariana 
                Islands Covenant Implementation Act;
                    ``(B) have legal immigration status within the 
                Commonwealth on the date of enactment of the Northern 
                Mariana Islands Covenant Implementation Act, continuing 
                with no lapse in lawful status until the alien's 
                application is approved; and
                    ``(C) shall submit a complete application 
                establishing the alien's eligibility, pursuant to 
                regulations promulgated by the Secretary of Homeland 
                Security, not later than one year after the date of 
                enactment of the Northern Mariana Islands Covenant 
                Implementation Act.
            ``(3) Issuance.--
                    ``(A) In general.--The Secretary of State shall 
                establish and issue an appropriate visa to each 
                applicant granted lawful nonimmigrant status under 
                paragraph (1) of this subsection after the date of the 
                enactment of the Northern Mariana Islands Covenant 
                Implementation Act.
                    ``(B) Renewal.--Lawful nonimmigrant status granted 
                under this section shall be renewable every 5 years.
                    ``(C) Report to congress.--During the fourth year 
                after the date of the enactment of the Northern Mariana 
                Islands Covenant Implementation Act, the Secretary of 
                Homeland Security shall report to Congress in the 
                President's annual report submitted to Congress and 
                during the fifth year after such date of enactment the 
                Secretary of Homeland Security shall report to Congress 
                under subsection (g) of the Northern Mariana Islands 
                Covenant Implementation Act, on the status of those 
                persons holding the visas authorized under this 
                subsection residing in Guam, the Commonwealth, and the 
                United States, and shall provide recommendations 
                concerning the future status of such nonimmigrants.
            ``(4) Status.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law and subject to subparagraph (B), each 
                applicant selected under paragraph (2) may enter into, 
                lawfully engage in occupations, and establish residence 
                as a nonimmigrant in the United States and its 
                territories and possessions without regard to 
                paragraphs (5) and (7)(B)(i)(II) of section 212(a) of 
                the Immigration and Nationality Act (8 U.S.C. 1182(a)).
                    ``(B) Eligibility for status.--An applicant is 
                ineligible for status under subparagraph (A) or renewal 
                of such status unless and until the applicant--
                            ``(i) passes a background check 
                        establishing that the worker is not ineligible 
                        on criminal and related grounds under paragraph 
                        (2) of section 212(a) of the Immigration and 
                        Nationality Act (8 U.S.C. 1182(a)) or security 
                        and related grounds set out in paragraph (3) of 
                        such section 212(a);
                            ``(ii) submits to a medical examination 
                        establishing that the applicant is not 
                        ineligible under the health-related criteria 
                        set out in paragraph (1) of such section 
                        212(a); and
                            ``(iii) is otherwise admissible to the 
                        United States under such section 212(a), except 
                        as provided in subparagraph (A).
    ``(i) Statutory Construction.--Nothing in this section may be 
construed to count the issuance of any visa to an alien, or the grant 
of any admission of an alien, under this section toward any numerical 
limitation contained in the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.).''.
    (b) Waiver of Requirements for Nonimmigrant Visitors.--
            (1) Waiver of requirements for nonimmigrant visitors.--
        Section 212(l) of the Immigration and Nationality Act (8 U.S.C. 
        1182(l)) is amended--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A)--
                            (i) by striking ``stay on Guam'', and 
                        inserting ``stay on Guam or the Commonwealth of 
                        the Northern Mariana Islands'';
                            (ii) by inserting ``a total of'' after 
                        ``exceed''; and
                            (iii) by striking ``after consultation with 
                        the Governor of Guam,'' and inserting ``after 
                        consultation with the Governor of Guam or the 
                        Governor of the Commonwealth of the Northern 
                        Mariana Islands,'';
                    (B) in paragraph (1)(A), by striking ``on Guam,'', 
                and inserting ``on Guam or the Commonwealth of the 
                Northern Mariana Islands;'';
                    (C) in paragraph (2)(A), by striking ``into 
                Guam,'', and inserting ``into Guam or the Commonwealth 
                of the Northern Mariana Islands;'';
                    (D) in paragraph (3), by inserting ``or the 
                Government of the Commonwealth of the Northern Mariana 
                Islands'' after ``Government of Guam''; and
                    (E) by adding at the end the following new 
                paragraphs:
            ``(4) In the case of an alien applying for admission as a 
        nonimmigrant visitor for business or pleasure into the 
        Commonwealth of the Northern Mariana Islands the following 
        shall apply:
                    ``(A) The Secretary of Homeland Security may 
                require that the alien, or a representative of such 
                alien, post a bond that will be returned to such alien 
                or representative upon the alien's departure in 
                accordance with this subsection.
                    ``(B) The Secretary of Homeland Security shall 
                monitor the admission of nonimmigrant visitors to the 
                Commonwealth under this subsection. If the Secretary 
                determines that such admissions have resulted in an 
                unacceptable number of visitors from a country 
                remaining unlawfully in the Commonwealth or that 
                visitors from a country pose a risk to law enforcement 
                or security of the Commonwealth or of the United States 
                or an unacceptable number of visitors from a country 
                seek refugee protection under the Commonwealth's 
                refugee protection program, the Secretary shall suspend 
                admission under this subsection for nationals of such 
                country.
                    ``(C) 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, not later 
                than 180 days after the date of the enactment of the 
                Northern Mariana Islands Covenant Implementation 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.
                    ``(D) At a minimum, such regulations should 
                include--
                            ``(i) provisions for a Northern Mariana 
                        Islands-Only Visa Waiver of 30 days duration;
                            ``(ii) a listing of all countries 
                        authorized to participate in the Northern 
                        Mariana Islands-Only Visa Waiver Program, 
                        including each country from which the 
                        Commonwealth has received tourists during the 5 
                        years prior to the date of enactment of the 
                        Northern Mariana Islands Covenant 
                        Implementation 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, its territories, 
                        or commonwealths; and
                            ``(iii) any bonding requirements for 
                        visitors from some or all of the authorized 
                        countries who may present an increased risk of 
                        overstays or other potential problems.
                    ``(E) Not later than 5 years after the date of 
                enactment of the Northern Mariana Islands Covenant 
                Implementation Act, the Secretary of Homeland Security, 
                the Secretary of State, and the Secretary of the 
                Interior, acting jointly, and in consultation with the 
                Governor of the Commonwealth of the Northern Mariana 
                Islands, shall establish, by regulation, a schedule for 
                applying some or all the following requirements to the 
                Northern Mariana Islands-Only Visa Waiver Program:
                            ``(i) Electronic travel authorizations.
                            ``(ii) Procedures for reporting lost and 
                        stolen passports.
                            ``(iii) Repatriation.
                            ``(iv) Rates of refusal for nonimmigrant 
                        visitor visas, overstays, exit systems, and 
                        information exchange.
                            ``(v) Any other requirements that such 
                        Secretaries determine are relevant.
                    ``(F) The Governor of the Commonwealth may request 
                that the Secretary of Homeland Security add to the list 
                of participating countries in this Northern Mariana 
                Islands-Only Visa Waiver Program. The Secretary may 
                grant such a request after consultation with the 
                Secretary of State and the Secretary of the Interior 
                and may promulgate regulations with respect to 
                inclusion of those countries and any special 
                requirements the Secretary of Homeland Security, that 
                the Secretary, in the Secretary's sole discretion, may 
                require prior to allowing nonimmigrant visitors from 
                those countries to enter the Commonwealth.
                    ``(G) The Governor of the Commonwealth of the 
                Northern Mariana Islands may request that the Secretary 
                of Homeland Security create additional Northern Mariana 
                Islands-only nonimmigrant visas to the extent that 
                existing nonimmigrant visa categories in the 
                Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 
                do not provide for the type of visitor, the duration of 
                allowable visit, or other circumstance. The Secretary 
                of Homeland Security shall review such request, and, 
                after consultation with the Secretary of State and the 
                Secretary of the Interior, may promulgate regulations 
                with respect to the creation of those additional 
                special Northern Mariana Islands-only visa categories. 
                Such additional special Northern Mariana Islands-only 
                visa categories may include, special visas for foreign 
                students and foreign retirees.''.
            (2) Effective date.--The amendments to the Immigration and 
        Nationality Act made by this subsection shall take effect on 
        the first day of the first full month commencing 1 year after 
        the date of enactment of this Act.
    (c) Inspection of Persons Arriving From the Commonwealth; Northern 
Mariana Islands-Only Visas Not Valid for Entry Into Other Parts of the 
United States.--
            (1) Removal.--Section 212(d)(7) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(d)(7)) is amended to read--
            ``(7) The provisions of subsection (a) (other than 
        paragraph (7) with respect to an alien who has not been 
        admitted only to the Commonwealth of the Northern Mariana 
        Islands) shall be applicable to any alien who leaves Guam, 
        Puerto Rico, the Commonwealth of the Northern Mariana Islands, 
        or the Virgin Islands of the United States, and who seeks to 
        enter the continental United States or any other place under 
        the jurisdiction of the United States. Any alien described in 
        this paragraph who is denied admission to the United States 
        shall be immediately removed in the manner provided by section 
        241(c) of this Act. Nothing in the immigration laws shall be 
        construed to authorize or require any alien who has been 
        admitted to the Commonwealth of the Northern Mariana Islands 
        pursuant to a Northern Mariana Islands-only visa or in any 
        other status limited to the Commonwealth of the Northern 
        Mariana Islands to be admitted to or permitted to enter any 
        other part of the United States unless such admission or entry 
        is otherwise authorized by the immigration laws.''.
            (2) Entry into other united states jurisdictions.--Persons 
        admitted to the Commonwealth under a Northern Mariana Islands-
        only visa shall not be eligible for entry into the United 
        States or any of its territories, possessions, or commonwealths 
        without first obtaining an appropriate visa or visa waiver for 
        entry to that jurisdiction.
    (d) Special Provision To Ensure Adequate Employment; Northern 
Mariana Islands-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 (as that term is used in 
subsection (a) of section 6 of the 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, as added by subsection (a) of this 
section, 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, if eligible therefor, 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 nonimmigrant worker who would 
        not otherwise be eligible for admission under the Immigration 
        and Nationality Act (8 U.S.C. 1101 et seq.). 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, 2017, unless extended pursuant to 
        this subsection, and shall take into account the number of 
        petitions granted under subsection (h) of section 6 of the 
        Joint Resolution to Approve the ``Covenant 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. 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, United States citizen workers, including lawfully 
        admissible freely associated state citizen labor, and those 
        granted resident status under such subsection (h).
            (3) Notwithstanding section 703(b) of the Covenant of the 
        Northern Mariana Islands in Political Union With the United 
        States of America, the Secretary of Homeland Security is 
        authorized to establish and collect appropriate user fees from 
        the employer of such an alien. Amounts collected pursuant to 
        this section shall be deposited in a special fund of the 
        Treasury. Such amounts shall be available, and may be 
        apportioned without further appropriation for the purposes of 
        administering this Act, and shall remain available until 
        expended.
            (4) 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 to engage in 
        employment only as authorized in this subsection. 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. No alien 
        shall be granted nonimmigrant classification or a visa under 
        this subsection unless the permit requirements established 
        under paragraph (2) have been met.
            (5)(A) Such an alien shall be permitted to transfer between 
        employers in the Commonwealth during the period of such alien's 
        authorized stay therein, without advance permission of the 
        employee's current or prior employer, within the alien's 
        occupational category to the same or another occupational 
        category the Secretary of Homeland Security has found, pursuant 
        to subparagraph (B) below, requires alien workers to supplement 
        the resident workforce.
            (B) No 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 extensions, in 
        5-year increments, of the provisions of this paragraph are 
        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 or any 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, and shall not be reviewable.
            (C) 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 1 or more extension periods of up to 5 years for 
        each such extension period.
            (D) 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 non-United States 
                citizen permanent residents in the Commonwealth;
                    (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, non-United States citizen 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, non-United States 
                citizen 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 is 
                overly and unnecessarily reliant on alien workers.
            (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) 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 subsection (a)(4) of section 6 of the Joint 
        Resolution to Approve the ``Covenant 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, 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; and
                    (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.
            (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.--The Attorney General, Secretary of 
        Homeland Security, and the Secretary of Labor may establish and 
        maintain United States Citizenship and Immigration Services, 
        Executive Office for Immigration Review, and Department of 
        Labor 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 to Approve the 
                ``Covenant 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 citizen and 
        national applicants residing in the Commonwealth to serve as 
        staff in carrying out operations described in paragraph (1).
    (g) Reports to Congress.--
            (1) In general.--By March 1, of the first year which is at 
        least 2 full years after the date of enactment of this Act, 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 to Approve the ``Covenant 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 Act or the amendments made 
        by this Act, 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.
            (3) GAO reports.--The Government Accountability Office 
        shall submit a report to the Congress not later than 1 year, 3 
        years, and 5 years after the date of enactment of this Act, to 
        include, at a minimum, the following items:
                    (A) An assessment of the implementation of this Act 
                and the amendments made by this Act, 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 Act and the 
                amendments made by this Act 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 affect 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 (e) of 
                section 6 of the Joint Resolution to Approve the 
                ``Covenant 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 Act.
                    (D) An assessment of the number of illegal aliens 
                in the Commonwealth, including any Federal and 
                Commonwealth efforts to locate and repatriate them.
                    (E) An assessment of the effectiveness of 
                Commonwealth gambling regulations.
                    (F) Recommendations for furthering Congressional 
                intent under this Act.
                    (G) Comments on annual reports submitted to the 
                Congress by the Commonwealth under subparagraph (4) of 
                this paragraph.
            (4) Reports by the local government.--The Governor of the 
        Commonwealth may submit an annual report to the President on 
        the implementation of this Act, and the amendments made by this 
        Act, 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.
    (h) Limitation on Number of Alien Workers Prior To Application of 
the Immigration and Nationality Act and Establishment of Transition 
Program.--During the period beginning on the date of enactment of this 
Act and ending on the effective date of the transition program 
established under section 6 of the Joint Resolution to Approve the 
``Covenant 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, 
the government of the Commonwealth shall not permit an increase in the 
total number of alien workers who are present in the Commonwealth as of 
the date of enactment of this Act.
    (i) Amendment To Clarify Immigration and Nationality Act With 
Respect to Time Spent in the United States for Lawful Permanent 
Residents.--With regard to persons who have previously been granted 
United States lawful permanent resident status, and who reside in the 
Commonwealth, and whose residence may not have fallen within the 
provisions of section 506(c) of the Covenant to Establish a 
Commonwealth of the Northern Mariana Islands in Political Union with 
the United States of America, periods of residence in the Commonwealth, 
prior to the date of the enactment of this Act, shall be considered to 
have been resident within the United States.
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