[DOCID: f:sr324.110]
From the Senate Reports Online via GPO Access
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Calendar No. 676
110th Congress Report
2d Session SENATE 110-324
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NORTHERN MARIANA ISLANDS COVENANT IMPLEMENTATION ACT
_______
April 10, 2008.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 3079]
The Committee on Energy and Natural Resources, to which was
referred the bill (H.R. 3079) to amend the joint resolution
that approved the covenant establishing the Commonwealth of the
Northern Mariana Islands, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose of the Measure
The purpose of H.R. 3079 is to extend U.S. immigration laws
to the Commonwealth of the Northern Mariana Islands (CNMI) as
provided by Section 503 of the Covenant, but with special
provisions to ease the transition to Federal law and respond to
the CNMI's special circumstances. These special provisions
include: establishing an extendable five-year transition period
and guest worker program; waiving the numerical limitation on
nonimmigrant worker visas under the Immigration and
Naturalization Act (INA) for workers entering the CNMI;
granting nonimmigrant status to certain alien investors so that
they may remain in the CNMI; establishing a visa waiver program
to facilitate travel to the CNMI by tourists and other
visitors; requiring a report on the future status of certain
long-term CNMI guest workers; and authorizing technical
assistance to identify opportunities to diversify and grow the
CNMI economy, and to recruit, train, and hire U.S. citizens and
other legal permanent resident workers.
Background and Need
The Northern Mariana Islands lie north of Guam and between
the Philippines and Japan. The U.S. captured the islands in
WWII and they became a district of the U.S.-administered,
United Nations Trust Territory of the Pacific Islands. In 1976,
Congress approved the Covenant to Establish a Commonwealth of
the Northern Mariana Islands in Political Union with the United
States (P.L. 94-241). The Covenant had been approved in a U.N.
observed plebiscite in the Northern Mariana Islands that
established the basis for termination of the U.N. Trusteeship
in 1986. Section 503 of the Covenant provides in part that:
``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; . . .''
The Section-by-Section analysis of the Committee Report on
the Covenant provides in part:
``The Immigration and Naturalization Laws (subsection
(a)). The reason this provision is included is to cope
with the problems which unrestricted immigration may
impose upon small island communities. Congress is aware
of those problems. It may well be that these problems
will have been solved by the time of the termination of
the Trusteeship Agreement and that the Immigration and
Nationality Act containing adequate protective
provisions can then be introduced to the Northern
Mariana Islands'' (Sen. Rpt. 94-433).
The Committee anticipated that by the time of the
Trusteeship termination, the Federal Government would have
addressed these problems and U.S. immigration laws could then
be extended. The primary need for alien workers was likely to
be in construction, temporary jobs that could be accommodated
under U.S. immigration laws. At the time the Covenant was
negotiated, prospects for economic development focused on
tourism and anticipated Department of Defense activity.
Upon Trusteeship termination, the CNMI became a U.S.
territory and its residents became U.S. citizens. Although the
population of the CNMI was only 16,000 when the Covenant was
approved in 1976, the population was estimated at 80,000 in
2005. The rapid increase in population coincides with local
control of immigration. Shortly after the Covenant went into
effect, the CNMI began to experience growth in both the tourist
and construction industries. Interest also began to grow in
garment production. The CNMI, like the other territories except
Puerto Rico, is outside the U.S. customs territory and can
export products manufactured in the territory quota-free and
duty-free to the U.S., provided the products meet certain
value-added requirements under General Note 3(a) of the Tariff
Schedules. The first garment manufacturing company began
operation in the CNMI in October, 1983.
U.S. officials believed that the period of local
immigration control would last only a few years, instead it has
continued for over thirty years. Instead of using local
immigration control to reduce the impact of immigrants on the
community, the CNMI promoted the use of alien workers
throughout the private sector. In 1986, the Reagan
Administration wrote to the Governor of the CNMI that, ``the
tremendous growth in alien labor [is] . . . extremely
disturbing,'' and warned, ``the uncontrolled influx of alien
workers . . . can only result in increased social and cultural
problems.'' The letter concluded, ``Without timely and
effective action to reverse the current situation, I must
consider proposing Congressional enactment of U.S. Immigration
and Naturalization Service requirements for the NMI.''
Nevertheless, the CNMI continued to promote the extensive
use of imported labor which has caused several trends of
continuing and growing concern to U.S. officials.
First among these concerns has been the development of an
unsustainable, two-tiered economy that is not creating private
sector opportunities for local residents. By 2000, the private
sector workforce in the CNMI was over 85 percent alien workers,
the public sector workforce was nearly 85 percent U.S.
citizens, and the unemployment rate among U.S. citizens was 11
percent. In 1997, the U.S. Commission on Immigration Reform
reported, ``The Marianas immigration system is antithetical to
the principles that are at the core of the U.S. immigration
system.'' In 2001, the Committee reported, ``What job creation
exists in the private sector goes to foreign workers. The
ability to obtain skilled foreign workers at low wages
effectively forecloses opportunities for U.S. residents in both
entry and skilled positions.'' (Sen. Rpt. 107-28). The
Committee's February 8, 2007 oversight hearing on conditions in
the CNMI received testimony that increasing numbers of U.S.
citizen families are emigrating to the U.S. seeking better
opportunities.
Second, has been the growing concern about ineffective
immigration/border control and its consequences. In 1997,
reports by the U.S. Immigration and Naturalization Service and
by the bipartisan U.S. Commission on Immigration Reform found
that the CNMI does not have, and never will have, the capacity
to properly control its borders because border control requires
sovereign authority to operate overseas consulates, issue
visas, and have access to classified national and international
watch lists. The U.S. Immigration and Naturalization Service
reported, ``[There are] serious deficiencies in all facets of
the Marianas' current system of immigration enforcement and
control . . .'' and, ``There appears to be universal
recognition amongst the Mariana Government Authorities that
various organized crime groups, such as the Japanese Yakuza,
the Chinese Triads, and the Russian Mafia have made inroads
into the Marianas . . . Few of these persons are ever detected
at the port-of-entry or apprehended while in the Marianas.''
The report recommended that Congress enact legislation to
extend U.S. immigration laws. In 2001, the Committee found
``the record demonstrates that even with good faith and an
honest commitment, there are substantive and procedural
problems that the local government simply cannot handle'' (Sen.
Rpt. 107-28).
Concerns regarding the increased security risks posed by
ineffective border control have grown substantially following
the attacks of September 11, 2001, and in light of the U.S.
military's on-going buildup in nearby Guam.
Third, there has been a persistent pattern of exploitation
and mistreatment of aliens. Congress first responded to reports
of worker abuse in 1994 by establishing the Joint Federal-CNMI
Initiative on Labor, Immigration, and Law Enforcement. Under
this Initiative, the U.S. Department of the Interior
investigated and reported on the pattern of abuses including
cheating on wages, unsafe working conditions, recruitment
scams, and even coerced prostitution and abortion. However, the
CNMI withdrew from the joint reform effort in 1997. There has
been progress in addressing these problems through the Federal
Government's unilateral establishment of a Labor Ombudsman as a
part of the Initiative in 1999. The Ombudsman investigates
complaints and advocates on behalf of workers. In 2006, the
Labor Ombudsman reported to Congress, ``there are still a
number of serious problems yet to be effectively addressed by
local government officials: ensuring health and safety of alien
workers, inadequate prevention efforts to curb abuses, delay in
investigating and adjudicating worker complaints, . . .
difficulty in rooting out corruption. . . . unwillingness to
prosecute repeat offenders.'' Testimony at the Committee's 2007
oversight hearing confirmed that these patterns persist.
Fourth, the huge population growth resulting from local
policies and practices has overwhelmed the infrastructure and
contributed to significant socio-economic impacts. The
population increased from 16,000 in 1976 to an estimated 80,000
in 2005. The Interior Department reported that this growth,
which includes both U.S. citizens and foreign guest workers,
has had ``a profound negative effect on public services and
infrastructure such as education, healthcare, public safety,
water, sewer, and solid waste disposal'' (DOI Initiative
Report, 1997). The Committee noted in its 2001 report that
because most births were occurring to alien mothers, ``there is
an increasing number of persons obtaining U.S. citizenship
outside the boundaries of the U.S. immigration and
naturalization law'' (Sen. Rpt. 107-28). In 1996, for example,
there were 1,409 births to alien mothers out of a total of
1,890 births. Some of these non-citizen mothers are married to
CNMI residents, but most are not and all such children became
U.S. citizens. This pattern, coupled with the emigration of
U.S. citizens seeking better job opportunities, is changing the
ethic composition of the community in contradiction of the
original intent of granting local immigration control, which
was to protect the indigenous Chamorro and Carolinian community
by reducing the impact of immigrants.
Elements of the CNMI's immigration policy are also simply
inconsistent with Federal policies. Among these is the Federal
policy that persons admitted into the U.S. to fill permanent
jobs do so as immigrants with the ability to become U.S.
citizens and full participants in the political process. Also,
the lack of Federal immigration jurisdiction in the CNMI has
hindered enforcement of Federal requirements under
international agreements such as the treatment of persons
seeking asylum or protection from torture. At the February 8,
2007 hearing, the Committee heard of the Administration's
serious concerns regarding the CNMI's performance in meeting
these international obligations.
As a general policy, federal laws should apply in the
territories as in the rest of the U.S., but with modifications
that take into account the particular circumstances of each of
the territories. That was the Committee expectation when it
approved the Covenant which specifically granted the U.S. the
right to extend its immigration laws. Immigration is an
inherently sovereign function and U.S. immigration laws should
be extended to the CNMI with a smooth transition, and with the
special provisions needed to mitigate adverse effects and to
encourage diversification and growth of the local economy.
The Committee has on three occasions reported legislation
to extend U.S. immigration laws. For further description of the
background and need for this legislation see the legislative
reports on those prior bills: Senate Reports 105-210, 106-204,
and 107-28.
Legislative History
H.R. 3079 is based on S. 1052, in the 106th Congress,
legislation reported by the Committee, and later passed
unanimously by the Senate on February 7, 2000. It was then
referred to the Committee on Resources of the House of
Representatives, but no further action was taken. On March 20,
2007, the Committee requested that the Administration modify
the text of S. 507, from the 107th Congress, which was
identical to Senate-passed S. 1052, to reflect the passage of
time, and to incorporate the views presented by the
Administration and the Resident Representative of the CNMI,
Pedro A. Tenorio, in their testimony at the Committee's
February 8, 2007 oversight hearing (S. Hrg. 110-50). That
revised text was received by the Committee on May 11, 2007 and
was introduced as S. 1634 on June 15, 2007. A legislative
hearing was held on July 19, 2007 (S. Hrg. 110-164). Following
that hearing, the Committee requested further Administration
revision to reflect the Administration's testimony. That new
draft was received by the Committee on September 11, 2007 and
was also made available to the House Committee on Natural
Resources. On December 11, 2007, the House of Representatives
passed H.R. 3079 and it was referred to the Committee on
December 12, 2007.
At the business meeting on January 30, 2008, the Committee
on Energy and Natural Resources ordered H.R. 3079 favorably
reported.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on January 30, 2008, by a unanimous voice vote
of a quorum present, recommends that the Senate pass H.R. 3079,
as described herein.
Section-by-Section Analysis
TITLE I--NORTHERN MARIANA ISLANDS IMMIGRATION, SECURITY, AND LABOR ACT.
Section 101 provides that Title I of S. 1634 as the ``The
Northern Mariana Islands Immigration, Security, and Labor
Act.''
Section 102(a) expresses Congressional 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.
Section 103(a) amends the Covenant Act (P.L. 94-241) by
adding a new Section 6, with new subsections (a) through (h)
which would extend the immigration laws of the U.S. to the CNMI
along with several special provisions to meet the special needs
of the CNMI. It is intended that the immigration laws of the
U.S. will apply to the CNMI, except as otherwise provided in
this Title. Some of these exceptions, such as the Commonwealth
Only Transitional Worker Program are temporary and are intended
to smooth the transition from CNMI immigration law to U.S.
immigration law. Other exceptions, such as the Guam/CNMI visa
waiver program, are intended to be permanent modifications in
the applicability of U.S. immigration law in the islands. This
means, in some cases there will be two similar programs
operating in the CNMI. For example, this Act would permit
nonimmigrant workers to enter the CNMI under the Commonwealth
Only Transitional Workers Program established under section
103(a) of H.R. 3079, but the extension of U.S. immigration laws
would also provide, indefinitely, for the entry of nonimmigrant
workers into the CNMI under section 101(a)(15)(H) of the INA,
the called ``H-visa'' program.
Subsection (a) requires regulations and interagency
agreement to establish and implement the extendable, five-year
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 this waiver is necessary to help meet the
anticipated labor demands of the planned U.S. military buildup
in Guam and the CNMI, and the Committee intends that this
waiver of the numerical limitations for Guam and the CNMI is
extended along with any extension of the five-year transition
period.
Subsection (a) further provides DHS with 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.
Because this authority will end at the end of the transition
period, the Committee intends that the President and Government
Accountability Office (GAO) will make recommendations regarding
the post-transition period status of these investors in the
reports to Congress to be made pursuant to Section 103(h).
The subsection 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 additional five year periods. It is
important to note that the transition period covers several
policies and programs and is not limited to the Commonwealth
Only Transitional Workers Program. For example, the
transitional program also covers the Guam/CNMI waiver on
numerical limitations on the INA H-visa program.
The Senate companion measure to H.R. 3079, S. 1634, and all
previous CNMI reform bills considered by the Committee provided
for a ten year transition period. It is most unlikely that the
CNMI will be able to meet its labor needs and forego the
Transitional Workers Program in five years. It is expected that
there will be at least one, and probably more than one, five-
year extension.
It is intended that nonimmigrant workers will be able to
enter the CNMI under the INA, and under the CNMI-Only
Transitional Worker Program. While the CNMI-Only Transitional
Worker Program is to be phased out at the end of the extendable
five-year transition program, nonimmigrant workers will
continue to be able to enter the CNMI pursuant to the INA.
The subsection 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.
Subsection (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.
The subsection would require the Administration, in
consultation with the CNMI, to report to Congress, no later
than the second year after enactment on the population of
aliens, status of aliens under federal law, future requirements
of the CNMI for an alien workforce, and recommendations on
whether Congress should consider permitting such workers long-
term status under the INA. 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.
Subsection 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 amend section 212(d)(7) of the INA to
provide 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 the Interior, in
consultation with the CNMI and the Secretaries of Labor and
Commerce, to provide technical assistance. Such technical
assistance should assist in identifying 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
under 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 forward the CNMI's reports to the
Congress with Administration 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.
Section 104 rescinds $200,000 in fiscal year 2009, and
$225,000 annually for fiscal years 2010 to 2018, from the U.S.
payments to the CNMI as required under section 702 of P.L. 94-
241, in order to offset the direct spending impact of Title II
of this bill.
Section 105 authorizes such sums as may be necessary to
carry out this Act.
Section 106 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
Section 201 designates Title II of S. 1634 as the `Northern
Mariana Islands Delegate Act.'
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.
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 the case of a vacancy, the
office of the Delegate shall remain vacant until a successor is
elected and qualified.
Section 204 delineates criteria for candidate eligibility,
consistent with local CNMI law.
Section 205 clarifies which powers within the election
framework remain within CNMI control, continuing matters of
local application.
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.
Section 207 clarifies that the powers enumerated in the
Covenant remain.
Section 208 defines `Delegate' as the Resident
Representative mentioned in section 202.
Section 209 makes conforming amendments regarding
appointments to military service academies by the delegate from
the CNMI.
Cost and Budgetary Considerations
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 act 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 $12 million over the 2008-2013 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. In addition, the legislation
would reduce direct spending by cutting certain payments to
CNMI. CBO estimates that those provisions would result in no
significant net effect on direct spending in any fiscal year
over the 2009-2018 period. H.R. 3079 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 UMRA
($68 million in 2008, adjusted annually for inflation).
By modifying the laws that govern immigration in CNMI, H.R.
3079 would impose private-sector mandates, as defined in UMRA,
on employers and temporary alien workers in CNMI. The cost to
comply with those mandates would depend in part on regulations
to be developed by the Secretary under the act. Therefore, CBO
cannot determine whether the aggregate cost of those mandates
would exceed the annual threshold established in UMRA for
private-sector mandates ($136 million in 2008, 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 legislation 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 act 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 position for 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 act 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 2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATIONEstimated Authorization Level....................... 4 12 10 2 0 0
Estimated Outlays................................... 3 9 14 2 0 0
----------------------------------------------------------------------------------------------------------------
Basis of estimate: CBO estimates that implementing H.R.
3079 would increase discretionary spending by $12 million over
the 2008-2013 period, assuming appropriation of the necessary
amounts. In addition, we estimate that enactment of H.R. 3079
would have no significant net effect on direct spending in any
fiscal year over the 2009-2018 period.
Spending subject to appropriation
This estimate assumes that the act will be enacted in 2008
and that the necessary amounts will be appropriated for each
year, including supplemental appropriations for 2008.
Support Costs for New Delegate. 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 $9 million over the 2009-
2013 period, subject to the availability of appropriated funds.
Department of Homeland Security. 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 $3 million over the 2009-2018 period. That estimate
assumes that the current Congressional salary of $169,300 a
year would be adjusted for inflation in future years. In
addition, H.R. 3079 would amend the current law that governs
the relationship between the United States and CNMI.
Specifically, the legislation would rescind about $200,000
annually, with increases for inflation, from payments made by
the United States to CNMI. CBO estimates that together those
provisions would result in no net effect on direct spending in
any fiscal year over the 2009-2018 period.
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 also would have a negligible net effect on direct
spending.
Estimated impact on state, local, and tribal governments:
H.R. 3079 contains several intergovernmental mandates as
defined in UMRA. The act 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 act also would
require CNMI to enforce a cap on the number of 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's immigration
staff. The total cost of complying with the mandates in the act
would be below the threshold established in UMRA ($68 million
in 2008, adjusted annually for inflation).
The act 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-numbered years. (All CNMI elections now take place in odd-
numbered years.) Based on information provided by CNMI
officials, CBO estimates that the cost of each election would
be about $25,000. CNMI would save substantially more than that,
however, because it would no longer pay for a Resident
Representative in Washington, D.C., once a delegate is elected
and in place. The expenses of the delegate's office would be
paid by the federal government.
Estimated impact on the private sector: H.R. 3079 would
impose private-sector mandates on employers in CNMI by
restricting the number of permits allocated for temporary alien
workers and charging an annual fee for those permits. It also
would impose a private-sector mandate on some aliens lawfully
residing or working in CNMI by requiring them to leave the
islands before the end of the term for which they were
authorized to stay or work. Under the act, no alien lawfully
admitted into CNMI would be allowed to stay for more than two
years after commencement of the transition period, even if they
were authorized to remain for a longer period of time. Finally,
the act could impose additional private-sector mandates as a
result of regulations that would be established by the
Secretary to implement the new immigration system.
The cost to comply with those mandates would depend in part
on regulations to be developed by the Secretary under the act
and how those regulations affect the labor supply in CNMI.
Therefore, CBO cannot determine whether the aggregate cost of
those mandates would exceed the annual threshold established in
UMRA for private-sector mandates ($ 136 million in 2008,
adjusted annually for inflation).
Previous CBO estimate: On December 3, 2007, CBO transmitted
a cost estimate for H.R. 3079 as ordered reported by the House
Committee on Natural Resources on November 7, 2007. Both pieces
of legislation would reform the immigration laws of CNMI and
provide a nonvoting delegate from CNMI to the House of
Representatives. However, they have different provisions
regarding payments by the United States to CNMI. The cost
estimates reflect those differences.
The private-sector mandates in the two bills are nearly
identical, except that the House-reported version does not
contain the mandate that would require employers in CNMI to pay
an annual fee for permits. The aggregate cost of the mandates
in both bills would depend on future regulations.
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.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out H.R. 3079. The bill would establish several new
CNMI-only programs that are intended to mitigate the impact of
the extension of U.S. immigration laws to the CNMI, and provide
for a Delegate to the U.S. House of Representatives. These new
programs include a transitional guest worker program, the
granting of U.S. nonimmigrant status for certain alien
investors who currently reside in the CNMI, and a visa-waiver
program to facilitate travel to the CNMI by tourists and other
visitors. There will necessarily be new regulations, paperwork,
and the gathering of personal data to establish and operate
these new programs. In some cases, such as the guest worker
program, the effort is transitional and the program will be
phased-out at the end of the transition period established in
the bill. In other cases, such as the visa waiver program, the
provisions are expected to be permanent, but operations are to
be largely integrated into the operation of the national
program of the same intent in order to increase efficiency and
reduce unnecessary duplication of effort.
Executive Communications
The testimony provided by the Department of the Interior at
the July 19th hearing on S. 1634, the Senate companion measure
to H.R. 3079, follows:
Prepared Statement of David B. Cohen, Deputy Assistant Secretary,
Insular Affairs, Department of the Interior
Mr. Chairman and members of the Committee, thank you for
the opportunity to testify on S. 1634, the Northern Mariana
Islands Covenant Implementation Act. I come before you today
wearing at least two hats: As Deputy Assistant Secretary of the
Interior for Insular Affairs, I am the Federal official that is
responsible for generally administering, on behalf of the
Secretary of the Interior, the Federal Government's
relationship with the Commonwealth of the Northern Mariana
Islands (CNMI). I also serve as the President's Special
Representative for consultations with the CNMI on any matter of
mutual concern, pursuant to Section 902 of the U.S. CNMI
Covenant. In fact, I was in Saipan in March for Section 902
consultations with CNMI Governor Fitial and his team. I was
also in Saipan in June with Secretary Kempthorne as part of his
visit to U.S.-affiliated Pacific Island communities.
Under the Covenant through which the CNMI joined the U.S.
in 1976, the CNMI was exempted from most provisions of U.S.
immigration laws and allowed to control its own immigration.
However, section 503 of the Covenant to Establish a
Commonwealth of the Northern Mariana Islands in Political Union
with the United States of America (P.L. 94-241) explicitly
provides that Congress has the authority to make immigration
and naturalization laws applicable to the CNMI. Through the
bill that we are discussing today, Congress is proposing to
take this legislative step to bring the immigration system of
the CNMI under Federal administration. We believe that any
federalization of the CNMI's immigration system must be
flexible because of the CNMI's unique history, culture, status,
demographic situation, location, and, perhaps most importantly,
fragile economic and fiscal condition. Additionally, we would
need appropriate time to address a range of implementation
issues as there are a number of Federal agencies that would be
involved with federalization. In testimony before this
Committee earlier this year, I offered, on behalf of the
Administration, five principles that we believe should guide
the development of any federalization legislation.
In previous testimony before this Committee and others, I
have described at length the impressive amount of progress that
the CNMI has made to improve working conditions there since the
1990s. As I have said repeatedly, the CNMI should be
congratulated for this progress. We do not believe that the
CNMI gets the credit that it deserves for the progress that it
has made. However, serious problems continue to plague the
CNMI's administration of its immigration system, and we remain
concerned that the CNMI's rapidly deteriorating fiscal
situation may make it even more difficult for the CNMI
government to devote the resources necessary to effectively
administer its immigration system and to properly investigate
and prosecute labor abuse. I will begin my statement with an
overview of concerns that make a compelling case for
federalization.
need for an effective screening process
The CNMI is hampered by the lack of an effective pre-
screening process for aliens wishing to enter the Commonwealth.
Under the Immigration and Nationality Act (INA), before
traveling to the continental United States, aliens must obtain
a visa from a U.S. consular officer abroad unless they are
eligible under the Visa Waiver Program or other legal authority
for admission without a visa. Carriers are subject to
substantial fines if they board passengers bound for these
parts of the United States who lack visas or other proper
documentation. All visa applicants are checked against the
Department of State's name-checking system, the Consular
Lookout and Support System (CLASS). With limited exceptions,
all applicants are interviewed and subjected to fingerprint
checks. After obtaining a visa, an alien seeking entry to these
parts of the United States must then apply for admission to an
immigration officer at a U.S. port of entry. The immigration
officer is responsible for determining whether the alien is
admissible, and in order to do so, the officer is supposed to
consult appropriate databases to identify individuals who,
among other things, have criminal records or may be a danger to
the security of the United States. The CNMI does not issue
visas, conduct interviews or check finger prints for those
wishing to travel to the CNMI, nor does the CNMI have an
equivalent to CLASS. Furthermore, CNMI immigration inspectors
determine admissibility under CNMI law rather than federal law.
The CNMI does have its own sophisticated computerized system
for keeping track of aliens who enter and leave the
Commonwealth. A record of all persons entering the CNMI is made
with the Commonwealth's Labor & Immigration Identification and
Documentation System, which is state-of-the-art. However, that
is not a substitute for comprehensive pre-screening by Federal
government authorities. In a post-9/11 environment, and given
the CNMI's location and the number of aliens that travel there,
we believe that continued local control of the CNMI's
immigration system presents significant national security and
homeland security concerns.
human trafficking
While we congratulate the CNMI for its recent successful
prosecution of a case in which foreign women were pressured
into prostitution, human trafficking remains far more prevalent
in the CNMI than it is in the rest of the U.S. During the
twelve-month period ending on April 30, 2007, 36 female victims
of human trafficking were admitted to or otherwise served by
Guma' Esperansa, a women's shelter operated by a Catholic
nonprofit organization. All of these victims were in the sex
trade. Secretary Kempthorne personally visited the shelter and
met with a number of women from the Philippines who were
underage when they were trafficked into the CNMI for the sex
industry. As you can imagine, he found their stories
heartbreaking. The State Department estimates that a total of
between 14,500 and 17,500 victims are trafficked into the U.S.
each year from many places in the world. This estimate includes
not only women in the sex trade, but men, women and children
trafficked for all purposes, including labor. Assuming a CNMI
population of roughly 70,000 and a U.S. population of roughly
300 million, the numbers above suggest that human trafficking
is between 8.8 and 10.6 times more prevalent in the CNMI than
it is in the U.S. as a whole. This is a conservative
calculation that most likely makes the CNMI look better than it
actually is: The number of victims counted for the CNMI
includes only actual female victims in the sex trade who were
served by Guma' Esperansa. This is being compared with a U.S.
estimate of human trafficking victims of both genders that is
not limited to the sex trade. In an apples-to-apples
comparison, the CNMI's report card would be worse. We note that
most of the victims that have been served by Guma' Esperansa
were referred by the CNMI government (as a result of referrals
from the Federal Ombudsman to local authorities). However, it
is clear that local control over CNMI immigration has resulted
in a human trafficking problem that is proportionally much
greater than the problem in the rest of the U.S.
A number of foreign nationals have come to the Federal
Ombudsman's office complaining that they were promised a job in
the CNMI after paying a recruiter thousands of dollars to come
there, only to find, upon arrival in the CNMI, that there was
no job. Secretary Kempthorne met personally with a young lady
from China who was the victim of such a scam and who was
pressured to become a prostitute; she was able to report her
situation and obtain help in the Federal Ombudsman's office. We
believe that steps need to be taken to protect women from such
terrible predicaments.
We are also concerned about recent attempts to smuggle
foreign nationals, in particular Chinese nationals, from the
CNMI into Guam by boat. A woman was recently sentenced to five
years in prison for attempting to smuggle over 30 Chinese
nationals from the CNMI into Guam. With the planned military
buildup in Guam, the potential for smuggling aliens from the
CNMI into Guam by boat is a cause for concern.
refugee protection
We have very serious concerns about the CNMI government's
administration of its refugee protection system, which was
established pursuant to a Memorandum of Agreement signed by
former Governor Juan Babauta and me in 2003 with the financial
support of the Office of Insular Affairs. Establishing a
refugee protection system in the CNMI was important to the U.S.
because of our concerns regarding U.S. compliance with
international treaties to which the U.S. is a party, including
the 1967 United Nations Protocol Relating to the Status of
Refugees and the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment. Even though the
CNMI for the most part is not included in the Immigration and
Nationality Act, the U.S. is obligated to ensure that aliens in
the CNMI are not returned to their home countries if there is a
sufficient risk under the Convention Against Torture or the
Refugee Protocol that they will be tortured or persecuted
there.
Under the Memorandum of Agreement, the CNMI has established
its own refugee protection system with the assistance of U.S.
Citizenship and Immigration Services (USCIS) acting as
``Protection Consultant.'' In this role, USCIS assisted the
Commonwealth in drafting regulations and forms, trained all
staff for the program, provided quality assurance review prior
to a decision on all cases, and performed background checks on
all applicants. The two-year performance period during which
the duties of the Protection Consultant were enumerated in the
Memorandum of Agreement terminated in September 2006. USCIS and
the CNMI have yet to enter into a subsequent instrument to
delineate the assistance that USCIS has offered to provide to
the CNMI, because of lack of response by the CNMI to USCIS's
requests for cooperation.
Most recently, the Chief of the Asylum Division, U.S.
Citizenship and Immigration Services, Department of Homeland
Security, inquired about a group of cases which were of concern
to the U.S. Government due to evidence of efforts by a foreign
government to improperly interfere in those cases.
Astonishingly, the CNMI Attorney General refused requested
information and accused the Department of Homeland Security and
the Department of State of attempting to ``unbalance the scales
of justice'' by inquiring about these cases and by expressing
concerns about evidence of foreign attempts at interference.
The CNMI Attorney General's failure to distinguish between
possible foreign attempts to improperly influence a refugee
protection proceeding within the U.S. and attempts by the
relevant U.S. agencies to monitor and protect the integrity of
a refugee protection program which impacts U.S. compliance with
its international obligations raises serious doubts about the
CNMI's capacity to adequately carry out the refugee protection
program. It is particularly troubling that such a posture is
being taken by the CNMI Attorney General, the official who
ultimately supervises the refugee protection hearing officers
and to whom refugee protection decisions are appealed. With
this uncooperative stance from the CNMI, there is no way for
the Federal Government to address its very serious concerns and
confirm that the U.S. remains in compliance with important
international treaty obligations. The concerns that we have
about the CNMI Attorney General's letter are very serious and
would not be mitigated if the CNMI were to issue decisions in
the pending cases that the U.S. Department of Homeland Security
found to be appropriate given the facts and applicable law.
The circumstances described above present the Federal
Government with a dilemma: If the Federal Government cannot
verify that the CNMI is administering its refugee protection
program in a manner that accords with U.S. compliance with
international treaty obligations, then extending the
protections available under U.S. immigration law to cover
aliens in the CNMI may be the only way to ensure that
compliance. However, making aliens in the CNMI eligible to
apply for protection in the U.S. is a potentially serious
problem if the CNMI maintains control over its immigration
system and continues to determine which aliens, and how many,
are able to enter the CNMI. Under that scenario, the U.S. could
be required to provide refugee protection to aliens who have
been admitted to the CNMI through a process controlled not by
the Federal Government, but by the CNMI. The U.S. would be
subjecting itself to potential costs and other consequences for
decisions made by the CNMI. This is a strong argument in favor
of Congress taking legislative action, as contemplated under
Section 503 of the Covenant (P.L. 94-241), to take control of
the CNMI's immigration system.
recommended changes to this bill
The above are some of the factors that have led us to
conclude that the CNMI's immigration system must be federalized
as soon as possible. We believe that S. 1634 is generally sound
legislation that embodies the concept of ``Flexible
Federalization''--that is, federalization of the CNMI's
immigration system in a manner designed to minimize damage to
the CNMI's fragile economy and maximize the potential for
economic growth. We also believe that S. 1634 reflects the
principles previously spelled out by the Administration as
those that should guide the federalization of the CNMI's
immigration system. Therefore, the Administration supports the
Northern Marianas Covenant Implementation Act, subject to the
following:
<bullet> Long-term Status to Temporary Workers.--At this
time, the Administration is evaluating the specific provisions
granting long-term status to temporary workers in the CNMI in
light of the Administration's immigration policies. We look
forward to working with Congress on this important issue.
<bullet> Protection from Persecution and Torture.--
Consistent with the general transfer of immigration to Federal
control on the transition period effective date, the bill
should clarify that U.S. protection law, including withholding
of removal on the basis of persecution or torture, would apply
and be administered by Federal authorities beginning on the
transition period effective date. However, given the
uncertainties inherent in changing the CNMI immigration
regimen, we recommend that extension of the affirmative asylum
process under section 208 of the INA to the CNMI be delayed
until the end of the transition period. We would also recommend
a provision requiring the CNMI to maintain an effective
protection program between date of enactment and the transition
period effective date.
<bullet> Authority of the Secretary of Homeland Security.--
In general, it is important that the Secretary of Homeland
Security have sufficient authority and resources to effectively
administer the new responsibilities that would be undertaken
under the bill. Improvements to the bill in this regard would
include ensuring that the Secretary has full authority in his
discretion to designate countries for the new CNMI visa waiver
program (giving due consideration to all current CNMI tourist
source countries); and providing the necessary fiscal and
operational authority to conduct all necessary activities in
the CNMI.
<bullet> Visa Waiver.--As noted above, it is essential that
the Secretary of Homeland Security, in consultation with the
Secretary of State, have full authority to make visa waiver
decisions in the national interest We would also recommend
consideration of authorizing integration of the proposed CNMI
visa waiver with the Guam visa waiver program as a possible
means of increasing the value of these programs to those
jurisdictions, such as, for example, allowing visitors
qualifying for both programs a combined 30 days, with a maximum
stay of 21 days in either territory.
<bullet> Employment-Based Visas.--The bill would authorize
the Secretary of Homeland Security to establish a specific
number of employment-based visas that will not count against
the numerical limitations under the Permanent Alien Labor
Certification (PERM) program, if the Secretary of Labor, after
consultation with the Governor of the Commonwealth and the
Secretary of Homeland Security, finds exceptional circumstances
with respect to the inability of employers to obtain sufficient
work-authorized labor. We would recommend that this provision
be removed from the bill as unnecessary because the CNMI will
have an uncapped temporary worker program in the 10-year
transition period.
<bullet> Conforming and Technical Amendments.--We would
like to work with Congress on a number of other conforming,
technical and other amendments necessary to fully effectuate
the transfer of responsibilities and effectively administer and
integrate the CNMI-specific programs with the INA. For example,
the CNMI should be added to the definitions of ``State'' and
``United States'' in section 101 of the INA.
conclusion
We point out, however, that one of this Administration's
principles for considering immigration legislation for the CNMI
is that such legislation should be carefully analyzed for its
likely impact in the CNMI before we implement it. We have also
urged that such analysis occur expeditiously: the need to study
must not be used as an excuse to delay. We understand that the
Senate has requested an analysis of the provisions of S. 1634.
We applaud the Senate for taking this step, and urge Congress
to carefully consider the results of this analysis in the
continued development of this legislation.
It is important to remember that S. 1634 deals with a
unique situation, and hence does not establish any precedents
that are relevant to the discussion of national immigration
reform. S. 1634 is designed to bring under the ambit of Federal
immigration law a territory that generally was not previously
subject to Federal immigration law. Accomplishing this
transition without causing severe economic disruption requires
special transitional provisions that take into account the
reality that CNMI society has been shaped by immigration
policies that vary significantly from Federal immigration
policy. Because CNMI society has evolved in a unique manner
under unique circumstances, it would not be prudent to apply
immigration policy designed for the 50 states to the CNMI in a
blanket fashion with no transition mechanisms. The special
transitional provisions contained in this bill are designed to
move CNMI society from one set of governing principles to
another in a manner that minimizes harm to CNMI residents.
Finally, Mr. Chairman, we again point out that the people
of the CNMI must participate fully in decisions that will
affect their future. As I have said in the past, a better
future for the people of the CNMI cannot be imposed
unilaterally from Washington, DC, ignoring the insights, wisdom
and aspirations of those to whom this future belongs. Although
the Administration supports S. 1634, subject to the suggestions
outlined above, we are concerned about the message that would
be sent if Congress were to pass this legislation while the
CNMI remains the only U.S. territory or commonwealth without a
delegate in Congress. At a time when young men and women from
the CNMI are sacrificing their lives in Iraq in proportions
that far exceed the national average, we hope that Congress
will consider granting them a seat at the table at which their
fate will be decided.
Thank you.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill H.R. 3079, as ordered 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
``APPLICABILITY 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.
1l01(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 consultationwith 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 ofLabor 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 l--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 (1).]
(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)(l) * * *
* * * * * * *
(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 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 Se-curity, 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(1),
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
anynonimmigrant 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.
* * * * * * *
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