[House Report 110-469]
[From the U.S. Government Publishing Office]
110th Congress Rept. 110-469
HOUSE OF REPRESENTATIVES
1st Session Part 1
======================================================================
AMENDING THE JOINT RESOLUTION APPROVING THE COVENANT TO ESTABLISH A
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS, AND FOR OTHER PURPOSES
_______
December 4, 2007.--Ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 3079]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 3079), having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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 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 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) 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. 3. 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 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
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 request 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
request 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 request under
subparagraph (A) 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.--Except as otherwise
provided, fees collected pursuant to section 703(b) 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. Fees
paid into the Treasury of the Commonwealth under this paragraph
shall not exceed fees collected by the Commonwealth government
under local law and deposited into the Nonresident Worker Fee
Fund for the year preceding the date of enactment of the
Northern Mariana Islands Immigration, Security, and Labor Act
and shall only be paid under this subsection for the duration
of the transition program period.
``(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
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)).
This subsection does not apply to any employment to be performed
outside of Guam or 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 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.
``(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, 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 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, 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 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.
``(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 advance 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, in up to a 5-year increment, of the provisions of
this subsection 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, 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, and shall not be
reviewable.
``(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 1 or more extension periods of up to 5 years for
each such extension period.
``(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 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) 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 enactment of the
Northern Mariana Islands Immigration, Security, and
Labor 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.
``(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 unreviewable 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) in five year increments, the number of years each alien
has been residing in the Commonwealth;
``(4) the current and future requirements for the
Commonwealth economy of an alien workforce; and
``(5) recommendations to the Congress related to granting
alien workers lawfully present in the Commonwealth on the date
of the enactment of such Act United States citizenship or some
other permanent legal status.
``(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.--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)), by striking
``Guam'' each place such term appears and inserting ``Guam or
the Commonwealth of the Northern Mariana Islands'';
(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
the Interior, after consultation with the Secretary of Homeland
Security, 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, 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;
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 the Interior, in consultation with
the Secretary of Homeland Security, 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 to add a particular
country to the list of countries whose nationals may obtain the
waiver provided by this subsection, and the Secretary may grant
such request after consultation with the Secretary of Homeland
Security 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.--
(1) In general.--The Governor of Guam and the Governor of the
Commonwealth of the Northern Mariana Islands (referred to in
this subsection as ``CNMI'') may request the Secretary of
Homeland Security to create additional Guam or CNMI-only
nonimmigrant visas to the extent that existing nonimmigrant
visa categories under the Immigration and Nationality Act do
not do not provide for the type of visitor, the duration of
allowable visit, or other circumstance. The Secretary of
Homeland Security may 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 Guam or CNMI-only visa categories.
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.
(2) Visas and admissions.--Upon approval of a Guam or CNMI-
only nonimmigrant category by the Secretary of Homeland
Security pursuant to paragraph (1) of this subsection, the
Secretary of State may issue such visas to eligible aliens and
such aliens may be admitted to Guam or the CNMI if otherwise
eligible to the United States under the immigration laws.
(3) Adjustment of status to permanent resident.--Section
245(c)(4) of the Immigration and Nationality Act (8 U.S.C.
1255(c)(4)) is amended by inserting ``, section 212(o),'' after
``212(l)''.
(4) Change of nonimmigrant classification.--Section 248(a)(4)
of the Immigration and Nationality Act (8 U.S.C. 1258(a)(4)) is
amended by inserting ``, section 212(o),'' after ``212(l)''.
(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 subsection (a)(4) 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 (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;
(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
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 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) In general.--Public Law 94-241, as amended, is further
amended--
(A) in section 503, by striking subsection (a) and
redesignating subsections (b) and (c) as subsections
(a) and (b), respectively;
(B) by striking section 506; and
(C) in section 703(b), by striking ``quarantine,
passport, immigration and naturalization'' and
inserting ``quarantine and passport''.
(2) Effective date.--The amendments made by this subsection
shall take effect on the first day of the first full month
commencing one year after the date of enactment of this Act.
(h) 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 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 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.
(3) GAO report.--The Government Accountability Office shall
submit a report to the Congress not later than 2 years after
the date of 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 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 (c) 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 (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.
(E) An assessment of any Federal and Commonwealth
efforts to enumerate, locate, and repatriate illegal
aliens in the Commonwealth.
(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.
(i) Required Actions Prior to Transition Program Effective Date.--
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 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
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 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, 2018.''; 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, 2018.''.
(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. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary
to carry out this title.
SEC. 105. 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 provided by section 6 of Public Law 94-241, as
amended by 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 first day of the first full month commencing
one year after the date of enactment of this Act residence or presence
in the United States; Provided 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 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''.
Purpose of the Bill
The purpose of H.R. 3079 is to amend the Joint Resolution
Approving the Covenant to Establish a Commonwealth of the
Northern Mariana Islands, and for other purposes.
Background and Need for Legislation
TITLE I--IMMIGRATION, SECURITY, AND LABOR ACT (ISLA)
The Commonwealth of the Northern Mariana Islands (CNMI), a
U.S. Territory located in the western Pacific Ocean, is an
archipelago comprised of fourteen islands. The majority of
CNMI's population lives on three of the most southern islands:
its capital Saipan, Rota, and Tinian. The CNMI's southernmost
island is approximately 40 miles north of the U.S. Territory of
Guam.
At the end of World War II, the Northern Mariana Islands,
along with all other islands in the Micronesian region--except
Guam, Nauru, and Kiribati--became part of the United Nations
Strategic Trust Territory of the Pacific Islands (TTPI)
administered by the United States. Under U.S. control, the TTPI
were assisted in developing both economically and politically
while playing major roles in the U.S.'s defensive posture in
the Pacific.
Consistent with the U.N. trusteeship agreement, the
Northern Mariana Islands took steps in the early 1970s to
express their desire for greater self-government. By 1975,
following negotiations with the U.S. and a subsequent local
plebiscite, the Northern Mariana Islands submitted its
``Covenant'' proposal to the U.S. for final approval. After
favorable consideration by Congress, the Covenant to Establish
a Commonwealth of the Northern Mariana Islands in Political
Union with the United States of America (Covenant) was signed
into law (P.L. 94-241) in 1976 by President Gerald Ford.
The Covenant, coming into full effect in 1986, conferred
U.S. citizenship, provided a greater measure of self-
government, and defined the relationship between the U.S. and
the CNMI. During negotiations with the U.S. over terms of the
Covenant, NMI officials expressed concern that application of
certain U.S. laws would have a negative effect on their
indigenous culture and people, as well as their economic
development. Recognizing such, the NMI government was given
temporary responsibility for determining minimum wage laws,
immigration standards, and an income tax system.
In the late 1980s and into the 1990s, the CNMI focused on
developing a garment industry in addition to its growing
tourism efforts. To fill the labor intensive requirements for
the garment industry, the CNMI used its local control of
immigration policy to allow for the recruitment and importation
of foreign guest workers. The practice of recruiting foreign
guest workers was made widely available and by the end of the
1990s, their population swelled to near 40,000 and permeated
every industry and occupation in the CNMI. Throughout this
period, the U.S. Congress, the George H. W. Bush
Administration, and Clinton Administration expressed concerns
over the CNMI's local use of immigration policy, enforcement of
labor laws, and also the repeated allegations that foreign
guest workers were being mistreated and exploited. In spite of
support from these aforementioned Administrations to extend
federal immigration laws to the CNMI, Congressional efforts to
pass legislation were unsuccessful.
Border security concerns
Since the end of World War II, during the Cold War era, the
Pacific region has played a major role in U.S. defense
strategy. In October 2005, the U.S. and Japan agreed to a
realignment of U.S. military forces in the Pacific. A major
part of this agreement is the relocation of the 3rd Marine
Expeditionary Forces, comprising 8,000 active duty personnel,
to Guam. In addition, the U.S. military has initiated other
defense planning initiatives for Guam which could include the
stationing of a Global Hawk unit, periodic rotations of fighter
and bomber squadrons, establishment of a U.S. Army air defense
battalion, and other operations critical to U.S. Naval regional
presence.
The lack of federal control over CNMI's borders presents a
security concern given the U.S. military build-up in Guam and
the Mariana Islands. Though U.S. territory, because immigration
policy was left to CNMI control, there is no immigration
infrastructure that the CNMI has in place to ensure the
identity of visitors or guest workers. The CNMI has no embassy
or other official presence in foreign countries. Therefore,
there is no vetting of individuals prior to entry into the
CNMI. For security reasons, the U.S. does not share security
information on foreign individuals with the CNMI as part of any
standard procedure.
Due to the CNMI's close proximity to Guam (its southernmost
island is 40 miles from Guam's northern shore); there have been
many interdictions of vessels carrying foreign nationals
attempting to penetrate Guam. For the most part, U.S. officials
have characterized these attempts as being part of human
trafficking efforts. The U.S. Attorney for Guam has recently
formed a ``prosecution unit'' to focus on cases involving
smuggling into Guam.
Economic conditions
For much of this decade, the CNMI's economic pillars of
garment manufacturing and tourism have experienced negative
growth. A study conducted by the GAO in early 2000 estimated
that these two industries were responsible for ``about 85
percent of the CNMI's economic activity.'' Since then, however,
the garment industry, which at its peak in 1999 had sales
surpassing $1 billion, resulting in nearly 25% (over $50
million) of the CNMI's total government revenue (over $230
million), has declined dramatically. Due to the World Trade
Organization's U.S.-China agreement on trade and tariffs which
came into effect in 2005, CNMI's garment industry has been cut
nearly in half--from 34 factories to less than 15, and from $1
billion in sales to about $450 million.
Contributing to tourism's decline have been the events of
September 11, 2001, Asia's financial crisis from the late 1990s
into the early 2000s, the severe acute respiratory syndrome
(SARS) Asia epidemic, and rising fuel costs. As a partial
result of these external events, major domestic and foreign air
carriers which provided direct flights from Japan and accounted
for a majority of visitors to the CNMI have discontinued
service. Tourist arrivals to the CNMI are now more than 40%
lower than they were a decade ago. This has in turn caused the
closure of hotels and other tourist-based businesses.
Decreased CNMI government revenues (estimated to have
dropped from $248 million in 1997 to $137 million in 2007)
resulting from the decline in the garment and tourism
industries have caused the CNMI government to implement
austerity measures. According to the CNMI, a reduction of 10.5%
in the government workforce has occurred beginning in 2005
(from 5,463 to 4,890) and all non-essential employees are
required to take every other Friday off without pay until FY
2008.
Social conditions
Prior to the CNMI engaging in a liberal immigration policy
to support its burgeoning garment industry, the population--
mostly indigenous Chamorro and Carolinians, all U.S. citizens--
numbered near 15,000. Twenty years later, in 2000, and near the
height of economic activity, CNMI's population had grown to
nearly 70,000, 56% percent of whom were non-U.S. citizens.
The demand for social services has weighed heavily on the
CNMI government as a result of the growth in population.
Schools, healthcare, and adequate water are just some of the
demands the CNMI has been challenged to meet as a result of its
immigration and economic policies. In addition, the CNMI has
also undergone criticism for not having had a more progressive
local policy raising wages to attract more residents (U.S.
citizens) into the private sector. The enactment of federal
legislation during the 110th Congress raising the U.S. minimum
wage to $7.25 per/hour also includes the CNMI, whose current
minimum wage is $3.05 per/hour.
TITLE II--NORTHERN MARIANA ISLANDS DELEGATE ACT
The CNMI is the last and only territory with a permanent
population that has no permanent voice in Congress. There are
no other territories, possessions, or former trust territories
which would meet the historical criteria for a delegate. The
former Micronesian Trust Territories are now associated
republics. They have ambassadors, not delegates, and are
members of the United Nations.
Populations of the different territories have varied from
as few as 5,000 to 259,000 when they were first represented by
a nonvoting delegate. The small population of the CNMI was
cited by the Marianas Political Status Commission, which
negotiated the Covenant for the islands, as the reason the CNMI
was unable to obtain a nonvoting delegate in the Covenant
despite the backing of the Executive Branch of the federal
government. The CNMI population of 15,000 (recorded in the 1970
Census) was considerably less at that time than the populations
of Guam (86,926) and the Virgin Islands (63,200) had been when
those territories were provided nonvoting delegates in 1972.
Two years after approving the Covenant without a provision
for a CNMI delegate, however, Congress granted a delegate to
American Samoa with a resident population of 27,000, most of
whom were not U.S. citizens. According to the 2000 Census,
today the CNMI has a U.S. citizen population of approximately
35,000 and a total population of 69,221, demonstrating that the
CNMI is clearly within the threshold of population established
by precedents both historical and contemporary.
H.R. 3079 would provide for a nonvoting delegate to the
U.S. House of Representatives beginning in the 111th Congress
to replace the current Resident Representative for the CNMI. It
would also create a federal office for the CNMI as was created
for all of the other U.S. jurisdictions. The legislation would
also provide for the manner in which this new delegate could be
elected, along with the criteria that would qualify an
individual for candidacy. These components are all similar to
those criteria set forth in the CNMI Constitution. H.R. 3079
would not abrogate the various existing laws established within
the Covenant.
History of non-voting delegates to Congress
Territorial delegates have existed in Congress and
specifically in the U.S. House of Representatives since 1787,
with the establishment of a government under the Northwest
Ordinance for the territory northwest of the Ohio River. In
1898, the U.S. acquired overseas territories (Puerto Rico, the
Philippines and Guam) at the end of the Spanish-American War.
Their status within the American family became a subject of
debate for Congress. Nevertheless, a law was enacted which
provided a new form of territorial representation for Puerto
Rico and the Philippines--legally recognized as unincorporated
territories having only the ``fundamental'' part of the
Constitution applied. This representation did not grant the
privileges that are held by today's delegates.
At this time, there are four non-voting delegates to the
U.S. House, representing the District of Columbia, American
Samoa, Guam, and the U.S. Virgin Islands. These positions,
which were created in the 1970s, have most of the same
parliamentary rights as any Member of the House, including the
introduction and co-sponsorship of legislation, the right to
offer amendments on measures being debated, and voting
privileges in committees to which they are appointed. However,
they do not have a right to vote on the floor of the House.
Committee Action
H.R. 3079 was introduced on July 18, 2007, by Delegate
Donna Christensen (D-VI). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Insular Affairs. On August 15, 2007, the
Subcommittee held a legislative field hearing in the
Commonwealth of the Northern Mariana Islands. On November 7,
2007, the Subcommittee was discharged by unanimous consent and
the full Natural Resources Committee met to consider the bill.
Subcommittee on Insular Affairs Chairwoman Christensen
offered an amendment in the nature of a substitute. The
Christensen substitute removed the proposed lawful non-
immigrant status for legal long-term non-resident guest
workers, provided a regional visa waiver program to assist in
future economic development; and other incentives to further
develop a skilled resident workforce.
Delegate Faleomavaega (D-AS) also offered an amendment to
the Christensen amendment calling on the Secretary of Homeland
Security to consider any suggestions in adopting and enforcing
a system to ensure adequate employment made by the CNMI
Governor. The Faleomavaega amendment was agreed to by voice
vote.
The Christensen amendment in the nature of a substitute, as
amended by the Faleomavaega amendment, was then ordered
favorably reported to the House of Representatives by voice
vote.
Section-by-Section Analysis
TITLE I--NORTHERN MARIANA ISLANDS IMMIGRATION, SECURITY, AND LABOR ACT
Sec. 101. Short title
Section 101 designates Title I of H.R. 3079 as ``The
Northern Mariana Islands Immigration, Security, and Labor
Act.''
Sec. 102. Statement of congressional intent
Section 102(a) expresses Congress's intent to ensure
effective border control and security by extending the INA with
special provisions for: phasing out contract workers;
minimizing adverse economic effects; recognizing local self-
government; assisting the development of the CNMI economy;
providing opportunities for locals to work; providing for the
continued use of alien workers as necessary; and protecting
workers from abuse.
Section 102(b) states that, in recognition of the CNMI's
unique circumstances, it be given flexibility to maintain and
develop businesses and that the Government of the CNMI is fully
involved in the implementation process.
Sec. 103. Immigration reform for the commonwealth
Section 103(a) amends the Covenant Act (P.L. 94-241) by
adding a new Section 6 which would apply the Immigration and
Nationality Act to the CNMI and establishes a five year
transition period. Also, this section requires regulations and
interagency agreement to implement the program for the
transition period. It further states that non-immigrant workers
in the CNMI and Guam will not count against the numerical
limitations set forth in section 214(g) of the INA. The
Committee notes that the inclusion of Guam in this section
responds to the labor requirements needed in preparation for
the planned U.S. military buildup.
Section 103(a) further provides DHS the authority to
classify an alien as a nonimmigrant treaty trader if: the alien
was admitted to the CNMI as an investor before the transition
program effective date; has continuously maintained residence
in the CNMI under investor status; is otherwise admissible; and
maintains the investment that formed the basis for the status.
The section further provides for a CNMI-Only Transitional
Worker Program which would be established, administered, and
enforced by DHS. The Secretaries of Labor, Homeland Security,
and State would be able to extend the transition period for an
additional five years; Congressional notification is required.
The section states that any alien present in the CNMI, at
the start of the transition program effective date may remain
in the CNMI and is considered authorized for employment. The
CNMI government is required to provide all immigration records.
The Secretary of Homeland Security may execute any U.S. or CNMI
final order or exclusion, deportation or removal before, on or
after the transition effective date.
Section 103(a) further states that upon the transition
effective date, the provisions of this section and the INA
shall supersede all laws of the CNMI relating to the admission
and removal of aliens, and states that no time that an alien is
in the CNMI in violation of CNMI law shall be counted as
grounds of inadmissibility under the INA.
This section would require the Administration, in
consultation with the CNMI, to report to Congress, no later
than the second year after enactment on the; include population
of aliens, status of aliens under federal law, future
requirements of the CNMI for an alien workforce, and
recommendations on granting U.S. citizenship or some other
permanent legal status. The Committee encourages the DHS, and
all other Federal agencies involved in implementing the
transition program period, to keep the costs associated with
the transition program period on employers and non-immigrant
guest workers at the same level as is currently being assessed
by the CNMI government under local law.
Section 103(b) would expand the existing Guam Visa Waver
Program to include the CNMI. DHS, State, and DOI, acting
jointly, may waive the requirement for a visa for aliens
applying to enter Guam and the CNMI for business or pleasure
for a period not to exceed 45 days if it is determined that an
adequate arrival and departure system has been developed, and
such a waiver does not represent a threat to the United States
and its territories.
DHS shall, in consultation with State and DOI, promulgate
all necessary regulations within 180 days of enactment and
shall include a list of all participating nations, and any
bonding requirements, if different than those otherwise
provided. The regulations should include countries for which
the CNMI has received a significant economic benefit from the
number of visitors for pleasure within the one-year period
preceding the date of enactment. In drafting such regulations,
the Committee encourages DHS to consult with the CNMI tourism
industry to determine which tourists markets have contributed
to the benefit of the CNMI economy and that such benefit can be
measured in terms of hotel occupancy, length of stay, and
expenditures.
Section 103(c) would allow the Governors of Guam and the
CNMI to request DHS to create additional Guam or CNMI-only
nonimmigrant visa categories if the ones provided for do not
meet other circumstances.
Section 103(d) would allow section 212(d)(7) of the INA to
add that persons seeking entry into the U.S. from the CNMI
shall be processed using the existing INA authority regarding
entry from Guam, Puerto Rico, and the USVI, and that any such
person denied admission to the U.S. shall be immediately
removed.
Section 103(e) directs the Secretary of Interior, in
consultation with the CNMI and the Secretaries of Labor and
Commerce, to provide technical assistance. Such technical
assistance should assist to identify opportunities for
diversification and growth of the CNMI economy, and for
recruiting, training, and hiring workers first from among U.S.
citizens and national residents in the CNMI, and then from
among work-authorized aliens including FAS citizens. They shall
assist in identifying jobs needed and develop curricula for
identified job skills that are needed. Assistance grants by
DOI, except for federal salaries, shall require a non-federal
match of 10 percent.
Section 103(f) authorizes the Attorney General and the
Secretaries of DHS and Labor to establish and maintain offices
within the CNMI to carry out their duties under this Act and
the immigration laws of the U.S., and shall, to the maximum
extent practicable, recruit and hire personnel from among
qualified U.S. citizen and national applicants residing in the
CNMI.
Section 103(g) states that amendments made will take effect
on the first full month one year after the enactment of this
Act.
Section 103(h) requires reports to Congress from the
President and the Government Accountability Office. It
authorizes the CNMI government to submit reports to the
President with its recommendations for future changes, and
requires that the President shall forward CNMI's reports to the
Congress with the Administration's comments.
Section 103(i) would require that the CNMI government not
permit an increase in the number of alien workers in the CNMI
as of the date of enactment, and shall administer its non-
refoulement protection program in accordance with its September
12, 2003 agreement with DOI.
Section 103(j) provides conforming amendments to the
Immigration and Naturalization Act.
Section 103 (k) provides an exemption for Guam, the CNMI,
and the Virgin Islands for access to other nonimmigrant
professionals.
Sec. 104. Authorization of appropriations
Section 104 authorizes such sums as may be necessary to
carry out this Act.
Sec. 105. Effective date
Section 105 provides, generally, that this Act shall take
effect on the date of enactment, but that amendments to the INA
shall take effect upon the transition program effective date,
unless specifically provided otherwise.
TITLE II--NORTHERN MARIANA ISLANDS DELEGATE ACT
Sec. 201. Short title
Section 201 designates Title II of H.R. 3079 as the
``Northern Mariana Islands Delegate Act.''
Sec. 202. Delegate to the house of representatives from commonwealth of
the northern mariana islands
Section 202 states that Section 901 of Public Law 94-241
authorizes the Resident Representative position and that this
person shall be a nonvoting Delegate to the U.S. House of
Representatives.
Sec. 203. Election of delegate
Section 203 provides for the manner in which the CNMI non-
voting Delegate shall be elected, beginning with the federal
general election of 2008. The CNMI government is authorized to
provide for primary elections. In case of a vacancy, the office
of the Delegate shall remain vacant until a successor is
elected and qualified.
Sec. 204. Qualifications for office of delegate
Section 204 delineates criteria for candidate eligibility,
consistent with local CNMI law.
Sec. 205. Determination of election procedure
Section 205 clarifies which powers within the election
framework remain within CNMI control, continuing matters of
local application.
Sec. 206. Compensation, privileges, and immunities
Section 206 states that all the current Rules of the House
of Representatives pertaining to Members of Congress, including
compensation, privileges, and immunities, shall apply to the
nonvoting delegate created in the legislation.
Sec. 207. Lack of effect on covenant
Section 207 clarifies that the powers enumerated in the
Covenant remain.
Sec. 208. Definition
Section 208 defines ``Delegate'' as the Resident
Representative mentioned in section 202.
Sec. 209. Conforming amendments regarding appointments to military
service academies by delegate from the CNMI
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to modify the boundaries of Grand
Teton National Park to include certain land located within the
GT Park Subdivision.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 3079--Northern Mariana Islands Immigration, Security, and Labor
Act
Summary: H.R. 3079 would amend the current law that governs
the relationship between the United States and the Commonwealth
of the Northern Mariana Islands (CNMI), a territory of the
United States, to reform the immigration laws of CNMI. In
addition, the bill would provide Congressional representation
for CNMI by creating a nonvoting delegate in the House of
Representatives beginning in January 2009. CBO estimates that
implementing H.R. 3079 would result in additional discretionary
outlays of $10 million over the 2008-2012 period, assuming
appropriation of the necessary amounts.
Enacting H.R. 3079 also would increase direct spending for
payment of the salary of the new nonvoting delegate and the
costs of associated benefits. CBO estimates that the increase
in direct spending for Congressional salaries and benefits
under H.R. 3079 would be about $200,000 in fiscal year 2009 and
$2 million over the 2009-2017 period. H.R. 3079 also could
affect revenues, but CBO estimates that any net changes in
revenues would be insignificant in each year.
H.R. 3079 contains intergovernmental mandates, as defined
in the Unfunded Mandates Reform Act (UMRA), because it would
preempt the immigration laws of CNMI and require that
government to comply with additional federal requirements. CBO
estimates that the direct costs of those mandates would be
small and would not exceed the threshold established in that
act ($66 million in 2007, adjusted annually for inflation).
H.R. 3079 also would impose a private-sector mandate, as
defined in UMRA, on employers in CNMI by restricting the number
of permits issued to them for temporary alien workers. It also
would impose private-sector mandates on some aliens lawfully
residing or working in CNMI by requiring them to leave before
the end of the term for which they were authorized to stay or
work. Finally, the bill may impose additional private-sector
mandates by giving the Secretary of Homeland Security authority
to regulate immigration in CNMI. CBO cannot determine whether
the aggregate cost of those mandates would exceed the annual
threshold established in UMRA ($131 million in 2007, adjusted
annually for inflation).
Major Provisions: H.R. 3079 would require the Department of
Homeland Security (DHS) to develop a program to phase in the
Immigration and Nationality Act, as modified by H.R. 3079, for
CNMI. The transition period would begin approximately one year
from the date of enactment of the bill and would end on
December 31, 2013. The program would include procedures for
issuing visas to certain alien workers and investors, family-
sponsored immigrants, and employment-based immigrants.
The bill would authorize the Department of State to issue
nonimmigrant visas to admit temporary alien workers to CNMI.
For temporary alien workers who would not otherwise be eligible
for admission into CNMI, H.R. 3079 would require that DHS
establish and administer a system for issuing a decreasing
number of annual permits to employers allowing them to hire
such individuals during the transition period.
H.R. 3079 also would provide Congressional representation
for CNMI by creating a nonvoting delegate in the House of
Representatives beginning in January 2009. Under current law,
the Commonwealth of the Northern Mariana Islands elects a
Resident Representative who represents the CNMI government in
the United States but has no official status in the Congress.
As a nonvoting Member, the delegate would have some of the same
powers of a full-fledged Member, including the ability to
introduce bills, offer amendments, and vote in House
committees, but would not be able to vote on the floor of the
House. In addition, the delegate would receive the same
compensation, allowances, and benefits as a Member.
Estimated cost to the Federal Government: The estimated
budgetary impact of the bill is shown in the following table.
The costs of this legislation fall within budget functions 150
(international affairs), 750 (administration of justice), and
800 (general government).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------
2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION\1\
Estimated Authorization Level............................ 3 1 2 2 2
Estimated Outlays........................................ 2 2 2 2 2
----------------------------------------------------------------------------------------------------------------
\1\In addition to the costs shown above, CBO estimates that enacting H.R. 3079 would increase direct spending by
about $2 million over the 2009-2017 period. The bill could also affect revenues, but we estimate that any net
change in revenues would be insignificant in any year.
Basis of estimate: CBO estimates that implementing H.R.
3079 would increase discretionary spending by $10 million over
the 2008-2012 period, assuming appropriation of the necessary
amounts. In addition, we estimate that enactment of H.R. 3079
would increase direct spending by about $2 million over the
2009-2017 period.
Spending subject to appropriation
This estimate assumes that the bill will be enacted near
the beginning of calendar year 2008 and that the necessary
amounts will be appropriated for each year.
New Representative. Based on the current administrative and
expense allowances available for Members of the Congress and
other typical office costs, CBO estimates that the addition of
a new nonvoting delegate would cost about $1 million in fiscal
year 2009 and about $7 million over the 2009-2012 period,
subject to the availability of appropriated funds.
Department of Homeland Security (DHS). Implementing H.R.
3079 would require DHS to establish a system to carry out
immigration adjudications, inspections, and related activities
in CNMI. We expect that by 2010 the department would cover its
costs by collecting fees from applicants for visas. Based on
information from DHS, we estimate that the department would
need an appropriation of about $3 million for start-up costs in
2008, including information technology systems, facilities and
other infrastructure, and for relocating and training
personnel.
Direct spending and receipts
Enacting H.R. 3079 would increase direct spending for
paying the salary of the new nonvoting delegate and the costs
of associated benefits. CBO estimates that the increase in
direct spending for Congressional salaries and benefits would
be about $2 million over the 2009-2017 period. That estimate
assumes that the current Congressional salary of $165,200 a
year would be adjusted for inflation in future years.
Enacting H.R. 3079 would increase collections of
immigration fees by DHS beginning in fiscal year 2009. Because
DHS could spend such collections without further appropriation,
the provision would have no significant net impact on direct
spending.
The Department of State also would collect certain fees for
immigrant and nonimmigrant visas, but we estimate that such
collections would be offset by higher spending on consular
programs and thus would have a negligible net effect on direct
spending.
Estimated impact on state, local, and tribal government:
H.R. 3079 contains several intergovernmental mandates as
defined in UMRA. The bill would amend the covenant between the
United States and the CNMI to apply federal immigration laws to
the commonwealth. Current law preserves CNMI's authority to
administer its own immigration policies, so the preemption
would be a mandate as defined in UMRA. The bill also would
require CNMI to enforce a cap on alien workers until the
preemption goes into effect, provide certain information to
DHS, and operate its refugee program in compliance with an
expired agreement with the Department of the Interior. CBO
estimates that the preemption of local immigration laws would
impose no costs on the CNMI government; the other requirements
would not result in a significant increase in the workload of
the commonwealth immigration staff. The total cost of complying
with the mandates in the bill would be below the threshold
established in UMRA ($66 million in 2007, adjusted annually for
inflation).
The bill would authorize CNMI to be represented in the U.S.
Congress by CNMI's Resident Representative. If CNMI chooses to
select a delegate, it would have to hold biennial elections in
even years. (All CNMI elections now take place in odd years.)
Based on information provided by CNMI officials, CBO estimates
that the cost of each election would be about $25,000. CNMI
would save substantially more than that, however, because it
would no longer pay for a Resident Representative in
Washington, D.C., once a delegate is elected and in place. The
expenses of the delegate's office would be paid by the federal
government.
Estimated impact on the private sector: The bill would
replace the CNMI immigration system with U.S. immigration laws.
In addition, the bill would authorize the Secretary of Homeland
Security to oversee the transition from CNMI laws to U.S. laws.
In doing so, it would impose a private-sector mandate, as
defined in UMRA, on employers in CNMI by restricting the number
of permits allocated for temporary alien workers. CBO cannot
estimate the cost to employers since we cannot predict the
extent to which the provision would reduce the number of
temporary alien workers in CNMI.
H.R. 3079 also would impose a private-sector mandate on
some aliens lawfully residing or working in CNMI by requiring
them to leave the islands before the end of the term for which
they were authorized to stay or work. Under the bill, no alien
lawfully admitted into CNMI would be allowed to stay for more
than two years after commencement of the transition period,
regardless of whether they are authorized to remain for a
longer period of time. CBO cannot estimate the cost of
complying with that mandate because we cannot predict the
number of lawfully admitted aliens that would be required to
leave or the cost they would incur.
The bill could impose additional private-sector mandates as
a result of regulations established by the Secretary to
implement the new immigration system. Because of the multiple
uncertainties associated with those mandates, CBO cannot
determine whether the aggregate cost of the mandates would
exceed the annual threshold established in UMRA for private-
sector mandates ($131 million in 2007, adjusted annually for
inflation).
Estimate prepared by: Federal spending: DHS--Mark
Grabowicz; CNMI Representative--Matthew Pickford; State
Department--Sunita D'Monte. Impact on state, local, and tribal
governments: Elizabeth Cove and Melissa Merrell. Impact on the
private sector: MarDestinee C. Perez.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 3079 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or (f) of rule XXI.
Preemption of State, Local, or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
JOINT RESOLUTION OF MARCH 24, 1976
(Public Law 94-241)
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.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
Covenant to Establish a Commonwealth of the Northern Mariana
Islands in Political Union with the United States of America,
the text of which is as follows, is hereby approved.
* * * * * * *
``Article V
``APPLICABILTY OF LAWS
* * * * * * *
``Section 503. The following laws of the United States,
presently inapplicable to the Trust Territory of the Pacific
Islands, will not apply to the Northern Mariana Islands except
in the manner and to the extent made applicable to them by the
Congress by law after termination of the Trusteeship Agreement:
[``(a) except as otherwise provided in Section 506,
the immigration and naturalization laws of the United
States;]
``[(b)] (a) except as otherwise provided in
Subsection (b) of Section 502, the coastwise laws of
the United States and any prohibition in the laws of
the United States against foreign vessels landing fish
or unfinished fish products in the United States; and
``[(c)] (b) the minimum wage provisions of Section 6,
Act of June 25, 1938, 52 Stat. 1062, as amended.
* * * * * * *
[``Section 506. (a) Notwithstanding the provisions of
Subsection 503 (a), upon the effective date of this Section the
Northern Mariana Islands will be deemed to be a part of the
United States under the Immigration and Nationality Act, as
amended for the following purposes only, and the said Act will
apply to the Northern Mariana Islands to the extent indicated
in each of the following Subsections of this Section.
[``(b) With respect to children born abroad to United States
citizen or non-citizen national parents permanently residing in
the Northern Mariana Islands the provisions of Sections 301 and
308 of the said Act will apply.
[``(c) With respect to aliens who are `immediate relatives''
(as defined in Subsection 201(b) of the said Act) of United
States citizens who are permanently residing in the Northern
Mariana Islands all the provisions of the said Act will apply,
commencing when a claim is made to entitlement to `immediate
relative' status. A person who is certified by the Government
of the Northern Mariana Islands both to have been a lawful
permanent resident of the Northern Mariana Islands and to have
had the `immediate relative' relationship denoted herein on the
effective date of this Section will be presumed to have been
admitted to the United States for lawful permanent residence as
of that date without the requirement of any of the usual
procedures set forth in the said Act. For the purpose of the
requirements of judicial naturalization, the Northern Mariana
Islands will be deemed to constitute a State as defined in
Subsection 101(a) paragraph (36) of the said Act. The Courts of
record of the Northern Mariana Islands and the District Court
for the Northern Mariana Islands will be included among the
courts specified in Subsection 310(a) of the said Act and will
have jurisdiction to naturalize persons who become eligible
under this Section and who reside within their respective
jurisdictions.
[``(d) With respect to persons who will become citizens or
nationals of the United States under Article III of this
Covenant or under this Section the loss of nationality
provisions of the said Act will apply.]
* * * * * * *
``Article VII
``UNITED STATES FINANCIAL ASSISTANCE
* * * * * * *
``Section 703 (a) * * *
``(b) There will be paid into the Treasury of the Government
of the Northern Mariana Islands, to be expended to the benefit
of the people thereof as that Government may by law prescribe,
the proceeds of all customs duties and federal income taxes
derived from the Northern Mariana Islands, the proceeds of all
taxes collected under the internal revenue laws of the United
States on articles produced in the Northern Mariana Islands and
transported to the United States, its territories or
possessions, or consumed in the Northern Mariana Islands, the
proceeds of any other taxes which may be levied by the Congress
on the inhabitants of the Northern Mariana Islands, and all
[quarantine, passport, immigration and naturalization]
quarantine and passport fees collected in the Northern Mariana
Islands, except that nothing in this Section shall be construed
to apply to any tax imposed by Chapters 2 or 21 of Title 26,
United States Code.
* * * * * * *
SEC. 3. 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 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 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 request 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 request 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 request under subparagraph (A) 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.--Except as otherwise
provided, fees collected pursuant to section 703(b)
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. Fees
paid into the Treasury of the Commonwealth under this
paragraph shall not exceed fees collected by the
Commonwealth government under local law and deposited
into the Nonresident Worker Fee Fund for the year
preceding the date of enactment of the Northern Mariana
Islands Immigration, Security, and Labor Act and shall
only be paid under this subsection for the duration of
the transition program period.
(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 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)). This subsection
does not apply to any employment to be performed outside of
Guam or 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 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.
(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, 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 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, 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 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.
(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
advance 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,
in up to a 5-year increment, of the provisions of this
subsection 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, 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, and shall not be
reviewable.
(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 1 or more extension
periods of up to 5 years for each such extension
period.
(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 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) 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 enactment of the Northern Mariana
Islands Immigration, Security, and Labor 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.
(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 unreviewable 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) in five year increments, the number of years each
alien has been residing in the Commonwealth;
(4) the current and future requirements for the
Commonwealth economy of an alien workforce; and
(5) recommendations to the Congress related to
granting alien workers lawfully present in the
Commonwealth on the date of the enactment of such Act
United States citizenship or some other permanent legal
status.
(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.).
----------
-
IMMIGRATION AND NATIONALITY ACT
-
* * * * * * *
TITLE I--GENERAL
DEFINITIONS
Section 101. (a) As used in this Act--
(1) * * *
* * * * * * *
(15) The term ``immigrant'' means every alien except an alien
who is within one of the following classes of nonimmigrant
aliens--
(A) * * *
* * * * * * *
(D)(i) * * *
(ii) an alien crewman serving in good faith as such
in any capacity required for normal operations and
service aboard a fishing vessel having its home port or
an operating base in the United States who intends to
land temporarily in Guam or the Commonwealth of the
Northern Mariana Islands and solely in pursuit of his
calling as a crewman and to depart from Guam or the
Commonwealth of the Northern Mariana Islands with the
vessel on which he arrived;
* * * * * * *
(36) The term ``State'' includes the District of Columbia,
Puerto Rico, Guam, [and the Virgin Islands of the United
States] the Virgin Islands of the United States, and the
Commonwealth of the Northern Mariana Islands.
* * * * * * *
(38) The term ``United States'', except as otherwise
specifically herein provided, when used in a geographical
sense, means the continental United States, Alaska, Hawaii,
Puerto Rico, Guam, [and the Virgin Islands of the United
States] the Virgin Islands of the United States, and the
Commonwealth of the Northern Mariana Islands.
* * * * * * *
TITLE II--IMMIGRATION
Chapter 1--Selection System
* * * * * * *
ASYLUM
Sec. 208. (a) * * *
* * * * * * *
(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, 2018.
* * * * * * *
Chapter 2--Qualifications for Admission of Aliens; Travel Control of
Citizens and Aliens
* * * * * * *
GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE
FOR ADMISSION; WAIVERS OF INADMISSIBILITY
Sec. 212. (a) Classes of Aliens Ineligible for Visas or
Admission.--Except as otherwise provided in this Act, aliens
who are inadmissible under the following paragraphs are
ineligible to receive visas and ineligible to be admitted to
the United States:
(1) * * *
* * * * * * *
(7) Documentation requirements.--
(A) * * *
(B) Nonimmigrants.--
(i) * * *
[(iii) Guam visa waiver.--For provision
authorizing waiver of clause (i) in the case of
visitors to Guam, see subsection (l).]
(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). -
* * * * * * *
(d)(1) * * *
* * * * * * *
(7) The provisions of subsection (a) (other than paragraph
(7)) shall be applicable to any alien who shall leave Guam, the
Commonwealth of the Northern Mariana Islands, Puerto Rico, 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.
* * * * * * *
[(l)(1) The requirement of paragraph (7)(B)(i) of subsection
(a) of this section may be waived by the Attorney General, the
Secretary of State, and the Secretary of the Interior, acting
jointly, in the case of an alien applying for admission as a
nonimmigrant visitor for business or pleasure and solely for
entry into and stay on Guam for a period not to exceed fifteen
days, if the Attorney General, the Secretary of State and the
Secretary of the Interior, after consultation with the Governor
of Guam, jointly determine that--
[(A) an adequate arrival and departure control system
has been developed on Guam, 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) 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 of an
immigration officer's determination as to the
admissibility of the alien at the port of entry into
Guam, or
[(B) to contest, other than on the basis of an
application for asylum, any action for removal of the
alien.
[(3) If adequate appropriated funds to carry out this
subsection are not otherwise available, the Attorney General is
authorized to accept from the Government of Guam such funds as
may be tendered to cover all or any part of the cost of
administration and enforcement of this subsection.]
(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 the
Interior, after consultation with the Secretary of
Homeland Security, 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, 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; 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 the
Interior, in consultation with the Secretary of
Homeland Security, 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 to add a particular country to the list of
countries whose nationals may obtain the waiver
provided by this subsection, and the Secretary may
grant such request after consultation with the
Secretary of Homeland Security 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.
* * * * * * *
ADMISSION OF NONIMMIGRANTS
Sec. 214. (a)(1) The admission to the United States of any
alien as a nonimmigrant shall be for such time and under such
conditions as the Attorney General may by regulations
prescribe, including when he deems necessary the giving of a
bond with sufficient surety in such sum and containing such
conditions as the Attorney General shall prescribe, to insure
that at the expiration of such time or upon failure to maintain
the status under which he was admitted, or to maintain any
status subsequently acquired under section 248, such alien will
depart from the United States. No alien admitted to [Guam] Guam
or the Commonwealth of the Northern Mariana Islands without a
visa pursuant to section 212(l) may be authorized to enter or
stay in the United States other than in [Guam] Guam or the
Commonwealth of the Northern Mariana Islands or to remain in
[Guam] Guam or the Commonwealth of the Northern Mariana Islands
for a period exceeding fifteen days from date of admission to
[Guam] Guam or the Commonwealth of the Northern Mariana
Islands. No alien admitted to the United States without a visa
pursuant to section 217 may be authorized to remain in the
United States as a nonimmigrant visitor for a period exceeding
90 days from the date of admission.
* * * * * * *
Chapter 4--Inspection, Apprehension, Examination, Exclusion, and
Removal
* * * * * * *
INSPECTION BY IMMIGRATION OFFICERS; EXPEDITED REMOVAL OF INADMISSIBLE
ARRIVING ALIENS; REFERRAL FOR HEARING
Sec. 235. (a) * * *
(b) Inspection of Applicants for Admission.--
(1) Inspection of aliens arriving in the united
states and certain other aliens who have not been
admitted or paroled.--
(A) * * *
* * * * * * *
(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, 2018.
* * * * * * *
Chapter 5--Adjustment and Change of Status
ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR
PERMANENT RESIDENCE
Sec. 245. (a) * * *
(c) Other than an alien having an approved petition for
classification as a VAWA self-petitioner, subsection (a) shall
not be applicable to (1) an alien crewman; (2) subject to
subsection (k), an alien (other than an immediate relative as
defined in section 201(b) or a special immigrant described in
section 101(a)(27)(H), (I), (J), or (K)) who hereafter
continues in or accepts unauthorized employment prior to filing
an application for adjustment of status or who is in unlawful
immigration status on the date of filing the application for
adjustment of status or who has failed (other than through no
fault of his own or for technical reasons) to maintain
continuously a lawful status since entry into the United
States; (3) any alien admitted in transit without visa under
section 212(d)(4)(C); (4) an alien (other than an immediate
relative as defined in section 201(b)) who was admitted as a
nonimmigrant visitor without a visa under section 212(l),
section 212(o), section 217; (5) an alien who was admitted as a
nonimmigrant described in section 101(a)(15)(S), (6) an alien
who is deportable under section 237(a)(4)(B); (7) any alien who
seeks adjustment of status to that of an immigrant under
section 203(b) and is not in a lawful nonimmigrant status; or
(8) any alien who was employed while the alien was an
unauthorized alien, as defined in section 274A(h)(3), or who
has otherwise violated the terms of a nonimmigrant visa.
* * * * * * *
CHANGE OF NONIMMIGRANT CLASSIFICATION
Sec. 248. (a) The Secretary of Homeland Security may, under
such conditions as he may prescribe, authorize a change from
any nonimmigrant classification to any other nonimmigrant
classification in the case of any alien lawfully admitted to
the United States as a nonimmigrant who is continuing to
maintain that status and who is not inadmissible under section
212(a)(9)(B)(i) (or whose inadmissibility under such section is
waived under section 212(a)(9)(B)(v)), except (subject to
subsection (b)) in the case of--
(1) * * *
* * * * * * *
(4) an alien admitted as a nonimmigrant visitor without a
visa under section 212(l), section 212(o), or section 217.
* * * * * * *
----------
TITLE 10, UNITED STATES CODE
* * * * * * *
Subtitle B--Army
* * * * * * *
PART III--TRAINING
* * * * * * *
CHAPTER 403--UNITED STATES MILITARY ACADEMY
* * * * * * *
Sec. 4342. Cadets: appointment; numbers, territorial distribution
(a) The authorized strength of the Corps of Cadets of the
Academy (determined for any year as of the day before the last
day of the academic year) is 4,000 or such higher number as may
be prescribed by the Secretary of the Army under subsection
(j). Subject to that limitation, cadets are selected as
follows:
(1) * * *
* * * * * * *
(10) One cadet from the Commonwealth of the Northern
Mariana Islands, nominated by the [resident
representative] Delegate in Congress from the
commonwealth.
* * * * * * *
Subtitle C--Navy and Marine Corps
* * * * * * *
PART III--EDUCATION AND TRAINING
* * * * * * *
CHAPTER 603--UNITED STATES NAVAL ACADEMY
* * * * * * *
Sec. 6954. Midshipmen: number
(a) The authorized strength of the Brigade of Midshipmen
(determined for any year as of the day before the last day of
the academic year) is 4,000 or such higher number as may be
prescribed by the Secretary of the Navy under subsection (h).
Subject to that limitation, midshipmen are selected as follows:
(1) * * *
* * * * * * *
(10) One from the Commonwealth of the Northern
Mariana Islands, nominated by the [resident
representative] Delegate in Congress from the
commonwealth.
* * * * * * *
Subtitle D--Air Force
* * * * * * *
PART III--TRAINING
* * * * * * *
CHAPTER 903--UNITED STATES AIR FORCE ACADEMY
* * * * * * *
Sec. 9342. Cadets: appointment; numbers, territorial distribution
(a) The authorized strength of Air Force Cadets of the
Academy (determined for any year as of the day before the last
day of the academic year) is 4,000 or such higher number as may
be prescribed by the Secretary of the Air Force under
subsection (j). Subject to that limitation, Air Force Cadets
are selected as follows:
(1) * * *
* * * * * * *
(10) One cadet from the Commonwealth of the Northern
Mariana Islands, nominated by the [resident
representative] Delegate in Congress from the
commonwealth.
* * * * * * *