HR 3079
12-11-07, House Agreed to Bill by Voice Vote
Referred to Senate
Committee on Energy & Natural Resources
110th CONGRESS
1st Session
H. R. 3079
IN THE SENATE OF THE UNITED STATES
December 12, 2007
Received; read twice and referred to the Committee on Energy and Natural
Resources
AN ACT
To amend the joint resolution that approved the covenant establishing
the Commonwealth of the Northern Mariana Islands, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
TITLE I--NORTHERN MARIANA ISLANDS IMMIGRATION, SECURITY, AND LABOR ACT
SECTION 101. SHORT TITLE.
This title may be cited as the `Northern Mariana Islands Immigration, Security,
and Labor Act'.
SEC. 102. STATEMENT OF CONGRESSIONAL INTENT.
(a) Immigration and Growth- In recognition of the need to ensure uniform adherence
to long-standing fundamental immigration policies of the United States, it
is the intention of the Congress in enacting this title--
(1) to ensure that effective border control procedures are implemented and
observed, and that national security and homeland security issues are properly
addressed, by extending the immigration laws (as defined in section 101(a)(17)
of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(17)), to apply
to the Commonwealth of the Northern Mariana Islands (referred to in this
title as the `Commonwealth'), with special provisions to allow for--
(A) the orderly phasing-out of the nonresident contract worker program
of the Commonwealth; and
(B) the orderly phasing-in of Federal responsibilities over immigration
in the Commonwealth; and
(2) to minimize, to the greatest extent practicable, potential adverse economic
and fiscal effects of phasing-out the Commonwealth's nonresident contract
worker program and to maximize the Commonwealth's potential for future economic
and business growth by--
(A) encouraging diversification and growth of the economy of the Commonwealth
in accordance with fundamental values underlying Federal immigration policy;
(B) recognizing local self-government, as provided for in the Covenant
To Establish a Commonwealth of the Northern Mariana Islands in Political
Union With the United States of America through consultation with the
Governor of the Commonwealth;
(C) assisting the Commonwealth in achieving a progressively higher standard
of living for citizens of the Commonwealth through the provision of technical
and other assistance;
(D) providing opportunities for individuals authorized to work in the
United States, including citizens of the freely associated states; and
(E) providing a mechanism for the continued use of alien workers, to the
extent those workers continue to be necessary to supplement the Commonwealth's
resident workforce, and to protect those workers from the potential for
abuse and exploitation.
(b) Avoiding Adverse Effects- In recognition of the Commonwealth's unique
economic circumstances, history, and geographical location, it is the intent
of the Congress that the Commonwealth be given as much flexibility as possible
in maintaining existing businesses and other revenue sources, and developing
new economic opportunities, consistent with the mandates of this title. This
title, and the amendments made by this title, should be implemented wherever
possible to expand tourism and economic development in the Commonwealth, including
aiding prospective tourists in gaining access to the Commonwealth's memorials,
beaches, parks, dive sites, and other points of interest.
SEC. 103. IMMIGRATION REFORM FOR THE COMMONWEALTH.
(a) Amendment to Joint Resolution Approving Covenant Establishing Commonwealth
of the Northern Mariana Islands- The Joint Resolution entitled `A Joint Resolution
to approve the `Covenant To Establish a Commonwealth of the Northern Mariana
Islands in Political Union with the United States of America', and for other
purposes', approved March 24, 1976 (Public Law 94-241; 90 Stat. 263), is amended
by adding at the end the following new section:
`SEC. 6. IMMIGRATION AND TRANSITION.
`(a) Application of the Immigration and Nationality Act and Establishment
of a Transition Program-
`(1) IN GENERAL- Subject to paragraphs (2) and (3), effective on the first
day of the first full month commencing 1 year after the date of the enactment
of the Northern Mariana Islands Immigration, Security, and Labor Act (hereafter
referred to as the `transition program effective date'), the provisions
of the `immigration laws' (as defined in section 101(a)(17) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(17))) shall apply to the Commonwealth
of the Northern Mariana Islands (referred to in this section as the `Commonwealth'),
except as otherwise provided in this section.
`(2) TRANSITION PERIOD- There shall be a transition period beginning on
the transition program effective date and ending on December 31, 2013, except
as provided in subsections (b) and (d), during which the Secretary of Homeland
Security, in consultation with the Secretary of State, the Attorney General,
the Secretary of Labor, and the Secretary of the Interior, shall establish,
administer, and enforce a transition program to regulate immigration to
the Commonwealth, as provided in this section (hereafter referred to as
the `transition program').
`(3) DELAY OF COMMENCEMENT OF TRANSITION PERIOD-
`(A) IN GENERAL- The Secretary of Homeland Security, in the Secretary's
sole discretion, in consultation with the Secretary of the Interior, the
Secretary of Labor, the Secretary of State, the Attorney General, and
the Governor of the Commonwealth, may determine that the transition program
effective date be delayed for a period not to exceed more than 180 days
after such date.
`(B) CONGRESSIONAL NOTIFICATION- The Secretary of Homeland Security shall
notify the Congress of a determination under subparagraph (A) not later
than 30 days prior to the transition program effective date.
`(C) CONGRESSIONAL REVIEW- A delay of the transition program effective
date shall not take effect until 30 days after the date on which the notification
under subparagraph (B) is made.
`(4) REQUIREMENT FOR REGULATIONS- The transition program shall be implemented
pursuant to regulations to be promulgated, as appropriate, by the head of
each agency or department of the United States having responsibilities under
the transition program.
`(5) INTERAGENCY AGREEMENTS- The Secretary of Homeland Security, the Secretary
of State, the Secretary of Labor, and the Secretary of the Interior shall
negotiate and implement agreements among their agencies to identify and
assign their respective duties so as to ensure timely and proper implementation
of the provisions of this section. The agreements should address, at a minimum,
procedures to ensure that Commonwealth employers have access to adequate
labor, and that tourists, students, retirees, and other visitors have access
to the Commonwealth without unnecessary delay or impediment. The agreements
may also allocate funding between the respective agencies tasked with various
responsibilities under this section.
`(6) CERTAIN EDUCATION FUNDING- In addition to fees charged pursuant to
section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m))
to recover the full costs of providing adjudication services, the Secretary
of Homeland Security shall charge an annual supplemental fee of $150 per
nonimmigrant worker to each prospective employer who is issued a permit
under subsection (d) of this section during the transition period. Such
supplemental fee shall be paid into the Treasury of the Commonwealth government
for the purpose of funding ongoing vocational educational curricula and
program development by Commonwealth educational entities.
`(7) ASYLUM- Section 208 of the Immigration and Nationality Act (8 U.S.C.
1158) shall not apply during the transition period to persons physically
present in the Commonwealth or arriving in the Commonwealth (whether or
not at a designated port of arrival), including persons brought to the Commonwealth
after having been interdicted in international or United States waters.
`(b) Numerical Limitations for Nonimmigrant Workers- An alien, if otherwise
qualified, may seek admission to Guam or to the Commonwealth during the transition
program as a nonimmigrant worker under section 101(a)(15)(H) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(H)) without counting against the
numerical limitations set forth in section 214(g) of such Act (8 U.S.C. 1184(g)).
This subsection does not apply to any employment to be performed outside of
Guam or the Commonwealth. Not later than 3 years following the transition
program effective date, the Secretary of Homeland Security shall issue a report
to the Committee on Energy and Natural Resources and the Committee on the
Judiciary of the Senate and the Committee on Natural Resources and the Committee
on the Judiciary of the House of Representatives projecting the number of
asylum claims the Secretary anticipates following the termination of the transition
period, the efforts the Secretary has made to ensure appropriate interdiction
efforts, provide for appropriate treatment of asylum seekers, and prepare
to accept and adjudicate asylum claims in the Commonwealth.
`(c) Nonimmigrant Investor Visas-
`(1) IN GENERAL- Notwithstanding the treaty requirements in section 101(a)(15)(E)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)), during
the transition period, the Secretary of Homeland Security may, upon the
application of an alien, classify an alien as a CNMI-only nonimmigrant under
section 101(a)(15)(E)(ii) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(E)(ii)) if the alien--
`(A) has been admitted to the Commonwealth in long-term investor status
under the immigration laws of the Commonwealth before the transition program
effective date;
`(B) has continuously maintained residence in the Commonwealth under long-term
investor status;
`(C) is otherwise admissible; and
`(D) maintains the investment or investments that formed the basis for
such long-term investor status.
`(2) REQUIREMENT FOR REGULATIONS- Not later than 60 days before the transition
program effective date, the Secretary of Homeland Security shall publish
regulations in the Federal Register to implement this subsection.
`(d) Special Provision to Ensure Adequate Employment; Commonwealth Only Transitional
Workers- An alien who is seeking to enter the Commonwealth as a nonimmigrant
worker may be admitted to perform work during the transition period subject
to the following requirements:
`(1) Such an alien shall be treated as a nonimmigrant described in section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)),
including the ability to apply, if otherwise eligible, for a change of nonimmigrant
classification under section 248 of such Act (8 U.S.C. 1258) or adjustment
of status under this section and section 245 of such Act (8 U.S.C. 1255).
`(2) The Secretary of Homeland Security shall establish, administer, and
enforce a system for allocating and determining the number, terms, and conditions
of permits to be issued to prospective employers for each such nonimmigrant
worker described in this subsection who would not otherwise be eligible
for admission under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.). In adopting and enforcing this system, the Secretary shall also consider,
in good faith and not later than 30 days after receipt by the Secretary,
any comments and advice submitted by the Governor of the Commonwealth. This
system shall provide for a reduction in the allocation of permits for such
workers on an annual basis, to zero, during a period not to extend beyond
December 31, 2013, unless extended pursuant to paragraph 5 of this subsection,
and shall take into account the number of petitions granted under subsection
(i). In no event shall a permit be valid beyond the expiration of the transition
period. This system may be based on any reasonable method and criteria determined
by the Secretary of Homeland Security to promote the maximum use of, and
to prevent adverse effects on wages and working conditions of, workers authorized
to be employed in the United States, including lawfully admissible freely
associated state citizen labor. No alien shall be granted nonimmigrant classification
or a visa under this subsection unless the permit requirements established
under this paragraph have been met.
`(3) The Secretary of Homeland Security shall set the conditions for admission
of such an alien under the transition program, and the Secretary of State
shall authorize the issuance of nonimmigrant visas for such an alien. Such
a visa shall not be valid for admission to the United States, as defined
in section 101(a)(38) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(38)),
except admission to the Commonwealth. An alien admitted to the Commonwealth
on the basis of such a visa shall be permitted to engage in employment only
as authorized pursuant to the transition program.
`(4) Such an alien shall be permitted to transfer between employers in the
Commonwealth during the period of such alien's authorized stay therein,
without permission of the employee's current or prior employer, within the
alien's occupational category or another occupational category the Secretary
of Homeland Security has found requires alien workers to supplement the
resident workforce.
`(5)(A) Not later than 180 days prior to the expiration of the transition
period, or any extension thereof, the Secretary of Labor, in consultation
with the Secretary of Homeland Security, the Secretary of the Interior,
and the Governor of the Commonwealth, shall ascertain the current and anticipated
labor needs of the Commonwealth and determine whether an extension of up
to 5 years of the provisions of this subsection is necessary to ensure an
adequate number of workers will be available for legitimate businesses in
the Commonwealth. For the purpose of this subparagraph, a business shall
not be considered legitimate if it engages directly or indirectly in prostitution,
trafficking in minors, or any other activity that is illegal under Federal
or local law. The determinations of whether a business is legitimate and
to what extent, if any, it may require alien workers to supplement the resident
workforce, shall be made by the Secretary of Homeland Security, in the Secretary's
sole discretion.
`(B) If the Secretary of Labor determines that such an extension is necessary
to ensure an adequate number of workers for legitimate businesses in the
Commonwealth, the Secretary of Labor may, through notice published in the
Federal Register, provide for an additional extension period of up to 5
years.
`(C) In making the determination of whether alien workers are necessary
to ensure an adequate number of workers for legitimate businesses in the
Commonwealth, and if so, the number of such workers that are necessary,
the Secretary of Labor may consider, among other relevant factors--
`(i) government, industry, or independent workforce studies reporting
on the need, or lack thereof, for alien workers in the Commonwealth's
businesses;
`(ii) the unemployment rate of United States citizen workers residing
in the Commonwealth;
`(iii) the unemployment rate of aliens in the Commonwealth who have been
lawfully admitted for permanent residence;
`(iv) the number of unemployed alien workers in the Commonwealth;
`(v) any good faith efforts to locate, educate, train, or otherwise prepare
United States citizen residents, lawful permanent residents, and unemployed
alien workers already within the Commonwealth, to assume those jobs;
`(vi) any available evidence tending to show that United States citizen
residents, lawful permanent residents, and unemployed alien workers already
in the Commonwealth are not willing to accept jobs of the type offered;
`(vii) the extent to which admittance of alien workers will affect the
compensation, benefits, and living standards of existing workers within
those industries and other industries authorized to employ alien workers;
and
`(viii) the prior use, if any, of alien workers to fill those industry
jobs, and whether the industry requires alien workers to fill those jobs.
`(6) The Secretary of Homeland Security may authorize the admission of a
spouse or minor child accompanying or following to join a worker admitted
pursuant to this subsection.
`(e) Persons Lawfully Admitted Under the Commonwealth Immigration Law-
`(1) PROHIBITION ON REMOVAL-
`(A) IN GENERAL- Subject to subparagraph (B), no alien who is lawfully
present in the Commonwealth pursuant to the immigration laws of the Commonwealth
on the transition program effective date shall be removed from the United
States on the grounds that such alien's presence in the Commonwealth is
in violation of section 212(a)(6)(A) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(6)(A)), until the earlier of the date--
`(i) of the completion of the period of the alien's admission under
the immigration laws of the Commonwealth; or
`(ii) that is 2 years after the transition program effective date.
`(B) LIMITATIONS- Nothing in this subsection shall be construed to prevent
or limit the removal under subparagraph 212(a)(6)(A) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(6)(A)) of such an alien at any time,
if the alien entered the Commonwealth after the date of the enactment
of the Northern Mariana Islands Immigration, Security, and Labor Act,
and the Secretary of Homeland Security has determined that the Government
of the Commonwealth has violated section 103(i) of the Northern Mariana
Islands Immigration, Security, and Labor Act.
`(2) EMPLOYMENT AUTHORIZATION- An alien who is lawfully present and authorized
to be employed in the Commonwealth pursuant to the immigration laws of the
Commonwealth on the transition program effective date shall be considered
authorized by the Secretary of Homeland Security to be employed in the Commonwealth
until the earlier of the date--
`(A) of expiration of the alien's employment authorization under the immigration
laws of the Commonwealth; or
`(B) that is 2 years after the transition program effective date.
`(3) REGISTRATION- The Secretary of Homeland Security may require any alien
present in the Commonwealth on or after the transition period effective
date to register with the Secretary in such a manner, and according to such
schedule, as he may in his discretion require. Paragraphs (1) and (2) of
this subsection shall not apply to any alien who fails to comply with such
registration requirement. Notwithstanding any other law, the Government
of the Commonwealth shall provide to the Secretary all Commonwealth immigration
records or other information that the Secretary deems necessary to assist
the implementation of this paragraph or other provisions of the Northern
Mariana Islands Immigration, Security, and Labor Act. Nothing in this paragraph
shall modify or limit section 262 of the Immigration and Nationality Act
(8 U.S.C. 1302) or other provision of the Immigration and Nationality Act
relating to the registration of aliens.
`(4) REMOVABLE ALIENS- Except as specifically provided in paragraph (1)(A)
of this subsection, nothing in this subsection shall prohibit or limit the
removal of any alien who is removable under the Immigration and Nationality
Act.
`(5) PRIOR ORDERS OF REMOVAL- The Secretary of Homeland Security may execute
any administratively final order of exclusion, deportation or removal issued
under authority of the immigration laws of the United States before, on,
or after the transition period effective date, or under authority of the
immigration laws of the Commonwealth before the transition period effective
date, upon any subject of such order found in the Commonwealth on or after
the transition period effective date, regardless whether the alien has previously
been removed from the United States or the Commonwealth pursuant to such
order.
`(f) Effect on Other Laws- The provisions of this section and of the immigration
laws, as defined in section 101(a)(17) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(17)), shall, on the transition program effective date,
supersede and replace all laws, provisions, or programs of the Commonwealth
relating to the admission of aliens and the removal of aliens from the Commonwealth.
`(g) Accrual of Time for Purposes of Section 212(a)(9)(B) of the Immigration
and Nationality Act- No time that an alien is present in the Commonwealth
in violation of the immigration laws of the Commonwealth shall be counted
for purposes of inadmissibility under section 212(a)(9)(B) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(9)(B)).
`(h) Report on Nonresident Guestworker Population- The Secretary of the Interior,
in consultation with the Secretary of Homeland Security, and the Governor
of the Commonwealth, shall report to the Congress not later than 2 years after
the date of the enactment of the Northern Mariana Islands Immigration, Security,
and Labor Act. The report shall include--
`(1) the number of aliens residing in the Commonwealth;
`(2) a description of the legal status (under Federal law) of such aliens;
`(3) the number of years each alien has been residing in the Commonwealth;
`(4) the current and future requirements of the Commonwealth economy for
an alien workforce; and
`(5) such recommendations to the Congress, as the Secretary may deem appropriate,
related to whether or not the Congress should consider permitting lawfully
admitted guest workers lawfully residing in the Commonwealth on such enactment
date to apply for long-term status under the immigration and nationality
laws of the United States.'.
(b) Waiver of Requirements for Nonimmigrant Visitors- The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 214(a)(1) (8 U.S.C. 1184(a)(1))--
(A) by striking `Guam' each place such term appears and inserting `Guam
or the Commonwealth of the Northern Mariana Islands'; and
(B) by striking `fifteen' and inserting `45';
(2) in section 212(a)(7)(B) (8 U.S.C. 1182(a)(7)(B)), by amending clause
(iii) to read as follows:
`(iii) GUAM AND NORTHERN MARIANA ISLANDS VISA WAIVER- For provision
authorizing waiver of clause (i) in the case of visitors to Guam or
the Commonwealth of the Northern Mariana Islands, see subsection (l).';
and
(3) by amending section 212(l) (8 U.S.C. 1182(l)) to read as follows:
`(l) Guam and Northern Mariana Islands Visa Waiver Program-
`(1) IN GENERAL- The requirement of subsection (a)(7)(B)(i) may be waived
by the Secretary of Homeland Security, in the case of an alien applying
for admission as a nonimmigrant visitor for business or pleasure and solely
for entry into and stay in Guam or the Commonwealth of the Northern Mariana
Islands for a period not to exceed 45 days, if the Secretary of Homeland
Security, after consultation with the Secretary of the Interior, the Secretary
of State, the Governor of Guam and the Governor of the Commonwealth of the
Northern Mariana Islands, determines that--
`(A) an adequate arrival and departure control system has been developed
in Guam and the Commonwealth of the Northern Mariana Islands; and
`(B) such a waiver does not represent a threat to the welfare, safety,
or security of the United States or its territories and commonwealths.
`(2) ALIEN WAIVER OF RIGHTS- An alien may not be provided a waiver under
this subsection unless the alien has waived any right--
`(A) to review or appeal under this Act an immigration officer's determination
as to the admissibility of the alien at the port of entry into Guam or
the Commonwealth of the Northern Mariana Islands; or
`(B) to contest, other than on the basis of an application for withholding
of removal under section 241(b)(3) of this Act or under the Convention
Against Torture, or an application for asylum if permitted under section
208, any action for removal of the alien.
`(3) REGULATIONS- All necessary regulations to implement this subsection
shall be promulgated by the Secretary of Homeland Security, in consultation
with the Secretary of the Interior and the Secretary of State, on or before
the 180th day after the date of the enactment of the Northern Mariana Islands
Immigration, Security, and Labor Act. The promulgation of such regulations
shall be considered a foreign affairs function for purposes of section 553(a)
of title 5, United States Code. At a minimum, such regulations should include,
but not necessarily be limited to--
`(A) a listing of all countries whose nationals may obtain the waiver
also provided by this subsection, except that such regulations shall provide
for a listing of any country from which the Commonwealth has received
a significant economic benefit from the number of visitors for pleasure
within the one-year period preceding the date of the enactment of the
Northern Mariana Islands Immigration, Security, and Labor Act, unless
the Secretary of Homeland Security determines that such country's inclusion
on such list would represent a threat to the welfare, safety, or security
of the United States or its territories; and
`(B) any bonding requirements for nationals of some or all of those countries
who may present an increased risk of overstays or other potential problems,
if different from such requirements otherwise provided by law for nonimmigrant
visitors.
`(4) FACTORS- In determining whether to grant or continue providing the
waiver under this subsection to nationals of any country, the Secretary
of Homeland Security, in consultation with the Secretary of the Interior
and the Secretary of State, shall consider all factors that the Secretary
deems relevant, including electronic travel authorizations, procedures for
reporting lost and stolen passports, repatriation of aliens, rates of refusal
for nonimmigrant visitor visas, overstays, exit systems, and information
exchange.
`(5) SUSPENSION- The Secretary of Homeland Security shall monitor the admission
of nonimmigrant visitors to Guam and the Commonwealth of the Northern Mariana
Islands under this subsection. If the Secretary determines that such admissions
have resulted in an unacceptable number of visitors from a country remaining
unlawfully in Guam or the Commonwealth of the Northern Mariana Islands,
unlawfully obtaining entry to other parts of the United States, or seeking
withholding of removal or asylum, or that visitors from a country pose a
risk to law enforcement or security interests of Guam or the Commonwealth
of the Northern Mariana Islands or of the United States (including the interest
in the enforcement of the immigration laws of the United States), the Secretary
shall suspend the admission of nationals of such country under this subsection.
The Secretary of Homeland Security may in the Secretary's discretion suspend
the Guam and Northern Mariana Islands visa waiver program at any time, on
a country-by-country basis, for other good cause.
`(6) ADDITION OF COUNTRIES- The Governor of Guam and the Governor of the
Commonwealth of the Northern Mariana Islands may request the Secretary of
the Interior and the Secretary of Homeland Security to add a particular
country to the list of countries whose nationals may obtain the waiver provided
by this subsection, and the Secretary of Homeland Security may grant such
request after consultation with the Secretary of the Interior and the Secretary
of State, and may promulgate regulations with respect to the inclusion of
that country and any special requirements the Secretary of Homeland Security,
in the Secretary's sole discretion, may impose prior to allowing nationals
of that country to obtain the waiver provided by this subsection.'.
(c) Special Nonimmigrant Categories for Guam and the Commonwealth of the Northern
Mariana Islands- The Governor of Guam and the Governor of the Commonwealth
of the Northern Mariana Islands (referred to in this subsection as `CNMI')
may request that the Secretary of Homeland Security study the feasibility
of creating additional Guam or CNMI-only nonimmigrant visas to the extent
that existing nonimmigrant visa categories under the Immigration and Nationality
Act do not provide for the type of visitor, the duration of allowable visit,
or other circumstance. The Secretary of Homeland Security may review such
a request, and, after consultation with the Secretary of State and the Secretary
of the Interior, shall issue a report to the Committee on Energy and Natural
Resources and the Committee on the Judiciary of the Senate and the Committee
on Natural Resources and the Committee on the Judiciary of the House of Representatives
with respect to the feasibility of creating those additional Guam or CNMI-only
visa categories. Consideration of such additional Guam or CNMI-only visa categories
may include, but are not limited to, special nonimmigrant statuses for investors,
students, and retirees, but shall not include nonimmigrant status for the
purpose of employment in Guam or the CNMI.
(d) Inspection of Persons Arriving From the Commonwealth of the Northern Mariana
Islands; Guam and Northern Mariana Islands-Only Visas Not Valid for Entry
Into Other Parts of the United States- Section 212(d)(7) of the Immigration
and Nationality Act (8 U.S.C. 1182(d)(7)) is amended by inserting `the Commonwealth
of the Northern Mariana Islands,' after `Guam,'.
(e) Technical Assistance Program-
(1) IN GENERAL- The Secretary of the Interior, in consultation with the
Governor of the Commonwealth, the Secretary of Labor, and the Secretary
of Commerce, and as provided in the Interagency Agreements required to be
negotiated under section 6(a)(4) of the Joint Resolution entitled `A Joint
Resolution to approve the `Covenant To Establish a Commonwealth of the Northern
Mariana Islands in Political Union with the United States of America', and
for other purposes', approved March 24, 1976 (Public Law 94-241), as added
by subsection (a), shall provide--
(A) technical assistance and other support to the Commonwealth to identify
opportunities for, and encourage diversification and growth of, the economy
of the Commonwealth;
(B) technical assistance, including assistance in recruiting, training,
and hiring of workers, to assist employers in the Commonwealth in securing
employees first from among United States citizens and nationals resident
in the Commonwealth and if an adequate number of such workers are not
available, from among legal permanent residents, including lawfully admissible
citizens of the freely associated states; and
(C) technical assistance, including assistance to identify types of jobs
needed, identify skills needed to fulfill such jobs, and assistance to
Commonwealth educational entities to develop curricula for such job skills
to include training teachers and students for such skills.
(2) CONSULTATION- In providing such technical assistance under paragraph
(1), the Secretaries shall--
(A) consult with the Government of the Commonwealth, local businesses,
regional banks, educational institutions, and other experts in the economy
of the Commonwealth; and
(B) assist in the development and implementation of a process to identify
opportunities for and encourage diversification and growth of the economy
of the Commonwealth and to identify and encourage opportunities to meet
the labor needs of the Commonwealth.
(3) COST-SHARING- For the provision of technical assistance or support under
this paragraph (other than that required to pay the salaries and expenses
of Federal personnel), the Secretary of the Interior shall require a non-Federal
matching contribution of 10 percent.
(1) ESTABLISHMENT- At any time on and after the date of the enactment of
this Act, the Attorney General, Secretary of Homeland Security, and the
Secretary of Labor may establish and maintain offices and other operations
in the Commonwealth for the purpose of carrying out duties under--
(A) the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); and
(B) the transition program established under section 6 of the Joint Resolution
entitled `A Joint Resolution to approve the `Covenant to Establish a Commonwealth
of the Northern Mariana Islands in Political Union with the United States
of America', and for other purposes', approved March 24, 1976 (Public
Law 94-241), as added by subsection (a) of this section.
(2) PERSONNEL- To the maximum extent practicable and consistent with the
satisfactory performance of assigned duties under applicable law, the Attorney
General, Secretary of Homeland Security, and the Secretary of Labor shall
recruit and hire personnel from among qualified United States citizens and
national applicants residing in the Commonwealth to serve as staff in carrying
out operations described in paragraph (1).
(g) Conforming Amendments to Public Law 94-241-
(1) AMENDMENTS- Public Law 94-241 is amended as follows:
(A) In section 503 of the covenant set forth in section 1, by striking
subsection (a) and redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
(B) By striking section 506 of the covenant set forth in section 1.
(C) In section 703(b) of the covenant set forth in section 1, by striking
`quarantine, passport, immigration and naturalization' and inserting `quarantine
and passport'.
(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take effect
on the transition program effective date described in section 6 of Public
Law 94-241 (as added by subsection (a)).
(1) IN GENERAL- Not later than March 1 of the first year that is at least
2 full years after the date of the enactment of this title, and annually
thereafter, the President shall submit to the Committee on Energy and Natural
Resources and the Committee on the Judiciary of the Senate and the Committee
on Natural Resources and the Committee on the Judiciary of the House of
Representatives a report that evaluates the overall effect of the transition
program established under section 6 of the Joint Resolution entitled `A
Joint Resolution to approve the `Covenant To Establish a Commonwealth of
the Northern Mariana Islands in Political Union with the United States of
America', and for other purposes', approved March 24, 1976 (Public Law 94-241),
as added by subsection (a) of this section, and the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) on the Commonwealth.
(2) CONTENTS- In addition to other topics otherwise required to be included
under this title or the amendments made by this title, each report submitted
under paragraph (1) shall include a description of the efforts that have
been undertaken during the period covered by the report to diversify and
strengthen the local economy of the Commonwealth, including efforts to promote
the Commonwealth as a tourist destination. The report by the President shall
include an estimate for the numbers of nonimmigrant workers described under
section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H))
necessary to avoid adverse economic effects in Guam and the Commonwealth.
(3) GAO REPORT- The Government Accountability Office shall submit a report
to the Congress not later than 2 years after the date of the enactment of
this title, to include, at a minimum, the following items:
(A) An assessment of the implementation of this title and the amendments
made by this title, including an assessment of the performance of Federal
agencies and the Government of the Commonwealth in meeting congressional
intent.
(B) An assessment of the short-term and long-term impacts of implementation
of this title and the amendments made by this title on the economy of
the Commonwealth, including its ability to obtain workers to supplement
its resident workforce and to maintain access to its tourists and customers,
and any effect on compliance with United States treaty obligations mandating
non-refoulement for refugees.
(C) An assessment of the economic benefit of the investors `grandfathered'
under subsection (c) of section 6 of the Joint Resolution entitled `A
Joint Resolution to approve the `Covenant To Establish a Commonwealth
of the Northern Mariana Islands in Political Union with the United States
of America', and for other purposes', approved March 24, 1976 (Public
Law 94-241), as added by subsection (a) of this section, and the Commonwealth's
ability to attract new investors after the date of the enactment of this
title.
(D) An assessment of the number of illegal aliens in the Commonwealth,
including any Federal and Commonwealth efforts to locate and repatriate
them.
(4) REPORTS BY THE LOCAL GOVERNMENT- The Governor of the Commonwealth may
submit an annual report to the President on the implementation of this title,
and the amendments made by this title, with recommendations for future changes.
The President shall forward the Governor's report to the Congress with any
Administration comment after an appropriate period of time for internal
review, provided that nothing in this paragraph shall be construed to require
the President to provide any legislative recommendation to the Congress.
(5) REPORT ON FEDERAL PERSONNEL AND RESOURCE REQUIREMENTS- Not later than
180 days after the date of the enactment of this Act, the Secretary of Homeland
Security, after consulting with the Secretary of the Interior and other
departments and agencies as may be deemed necessary, shall submit a report
to the Committee on Natural Resources, the Committee on Homeland Security,
and the Committee on the Judiciary of the House of Representatives, and
to the Committee on Energy and Natural Resources, the Committee on Homeland
Security and Governmental Affairs, and the Committee on the Judiciary of
the Senate, on the current and planned levels of Transportation Security
Administration, United States Customs and Border Protection, United States
Immigration and Customs Enforcement, United States Citizenship and Immigration
Services, and United States Coast Guard personnel and resources necessary
for fulfilling mission requirements on Guam and the Commonwealth in a manner
comparable to the level provided at other similar ports of entry in the
United States. In fulfilling this reporting requirement, the Secretary shall
consider and anticipate the increased requirements due to the proposed realignment
of military forces on Guam and in the Commonwealth and growth in the tourism
sector.
(i) Required Actions Prior to Transition Program Effective Date- During the
period beginning on the date of the enactment of this Act and ending on the
transition program effective date described in section 6 of Public Law 94-241
(as added by subsection (a)), the Government of the Commonwealth shall--
(1) not permit an increase in the total number of alien workers who are
present in the Commonwealth as of the date of the enactment of this Act;
and
(2) administer its nonrefoulement protection program--
(A) according to the terms and procedures set forth in the Memorandum
of Agreement entered into between the Commonwealth of the Northern Mariana
Islands and the United States Department of Interior, Office of Insular
Affairs, executed on September 12, 2003 (which terms and procedures, including
but not limited to funding by the Secretary of the Interior and performance
by the Secretary of Homeland Security of the duties of `Protection Consultant'
to the Commonwealth, shall have effect on and after the date of the enactment
of this Act), as well as CNMI Public Law 13-61 and the Immigration Regulations
Establishing a Procedural Mechanism for Persons Requesting Protection
from Refoulement; and
(B) so as not to remove or otherwise effect the involuntary return of
any alien whom the Protection Consultant has determined to be eligible
for protection from persecution or torture.
(j) Conforming Amendments to the Immigration and Nationality Act- The Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 101(a)(15)(D)(ii), by inserting `or the Commonwealth of the
Northern Mariana Islands' after `Guam' each time such term appears;
(2) in section 101(a)(36), by striking `and the Virgin Islands of the United
States' and inserting `the Virgin Islands of the United States, and the
Commonwealth of the Northern Mariana Islands';
(3) in section 101(a)(38), by striking `and the Virgin Islands of the United
States' and inserting `the Virgin Islands of the United States, and the
Commonwealth of the Northern Mariana Islands';
(4) in section 208, by adding at the end the following:
`(e) Commonwealth of the Northern Mariana Islands- The provisions of this
section and section 209(b) of this Act shall apply to persons physically present
in the Commonwealth of the Northern Mariana Islands or arriving in the Commonwealth
(whether or not at a designated port of arrival and including persons who
are brought to the Commonwealth after having been interdicted in international
or United States waters) only on or after January 1, 2014.'; and
(5) in section 235(b)(1), by adding at the end the following:
`(G) COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS- Nothing in this subsection
shall be construed to authorize or require any person described in section
208(e) of this Act to be permitted to apply for asylum under section 208
of this Act at any time before January 1, 2014.'.
(k) Availability of Other Nonimmigrant Professionals- The requirements of
section 212(m)(6)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(m)(6)(B))
shall not apply to a facility in Guam, the Commonwealth of the Northern Mariana
Islands, or the Virgin Islands.
SEC. 104. FURTHER AMENDMENTS TO PUBLIC LAW 94-241.
Public Law 94-241, as amended, is further amended in section 4(c)(3) by striking
the colon after `Marshall Islands' and inserting the following: `, except
that $200,000 in fiscal year 2009 and $225,000 annually for fiscal years 2010
through 2018 are hereby rescinded; Provided, That the amount rescinded shall
be increased by the same percentage as that of the annual salary and benefit
adjustments for Members of Congress'.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary to carry
out this title.
SEC. 106. EFFECTIVE DATE.
(a) In General- Except as specifically provided in this section or otherwise
in this Act, this title and the amendments made by this title shall take effect
on the date of the enactment of this title.
(b) Amendments to the Immigration and Nationality Act- The amendments to the
Immigration and Nationality Act made by this Act, and other provisions of
this Act applying the immigration laws (as defined in section 101(a)(17) of
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) to the Commonwealth,
shall take effect on the transition program effective date described in section
6 of Public Law 94-241 (as added by section 103(a) of this Act), unless specifically
provided otherwise in this Act.
(c) Construction- Nothing in this Act or the amendments made by this Act shall
be construed to make any residence or presence in the Commonwealth before
the transition program effective date described in section 6 of Public Law
94-241 (as added by section 103(a) of this Act) residence or presence in the
United States, except that, for the purpose only of determining whether an
alien lawfully admitted for permanent residence (as defined in section 101(a)(20)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20))) has abandoned
or lost such status by reason of absence from the United States, such alien's
presence in the Commonwealth before, on, or after the date of the enactment
of this Act shall be considered to be presence in the United States.
TITLE II--NORTHERN MARIANA ISLANDS DELEGATE ACT
SEC. 201. SHORT TITLE.
This title may be cited as the `Northern Mariana Islands Delegate Act'.
SEC. 202. DELEGATE TO HOUSE OF REPRESENTATIVES FROM COMMONWEALTH OF THE
NORTHERN MARIANA ISLANDS.
The Commonwealth of the Northern Mariana Islands shall be represented in the
United States Congress by the Resident Representative to the United States
authorized by section 901 of the Covenant To Establish a Commonwealth of the
Northern Mariana Islands in Political Union With the United States of America
(approved by Public Law 94-241 (48 U.S.C. 1801 et seq.)). The Resident Representative
shall be a nonvoting Delegate to the House of Representatives, elected as
provided in this title.
SEC. 203. ELECTION OF DELEGATE.
(a) Electors and Time of Election- The Delegate shall be elected--
(1) by the people qualified to vote for the popularly elected officials
of the Commonwealth of the Northern Mariana Islands; and
(2) at the Federal general election of 2008 and at such Federal general
election every 2d year thereafter.
(1) IN GENERAL- The Delegate shall be elected at large and by a plurality
of the votes cast for the office of Delegate.
(2) EFFECT OF ESTABLISHMENT OF PRIMARY ELECTIONS- Notwithstanding paragraph
(1), if the Government of the Commonwealth of the Northern Mariana Islands,
acting pursuant to legislation enacted in accordance with the Constitution
of the Commonwealth of the Northern Mariana Islands, provides for primary
elections for the election of the Delegate, the Delegate shall be elected
by a majority of the votes cast in any general election for the office of
Delegate for which such primary elections were held.
(c) Vacancy- In case of a permanent vacancy in the office of Delegate, the
office of Delegate shall remain vacant until a successor is elected and qualified.
(d) Commencement of Term- The term of the Delegate shall commence on the 3d
day of January following the date of the election.
SEC. 204. QUALIFICATIONS FOR OFFICE OF DELEGATE.
To be eligible for the office of Delegate a candidate shall--
(1) be at least 25 years of age on the date of the election;
(2) have been a citizen of the United States for at least 7 years prior
to the date of the election;
(3) be a resident and domiciliary of the Commonwealth of the Northern Mariana
Islands for at least 7 years prior to the date of the election;
(4) be qualified to vote in the Commonwealth of the Northern Mariana Islands
on the date of the election; and
(5) not be, on the date of the election, a candidate for any other office.
SEC. 205. DETERMINATION OF ELECTION PROCEDURE.
Acting pursuant to legislation enacted in accordance with the Constitution
of the Commonwealth of the Northern Mariana Islands, the Government of the
Commonwealth of the Northern Mariana Islands may determine the order of names
on the ballot for election of Delegate, the method by which a special election
to fill a permanent vacancy in the office of Delegate shall be conducted,
the method by which ties between candidates for the office of Delegate shall
be resolved, and all other matters of local application pertaining to the
election and the office of Delegate not otherwise expressly provided for in
this title.
SEC. 206. COMPENSATION, PRIVILEGES, AND IMMUNITIES.
Until the Rules of the House of Representatives are amended to provide otherwise,
the Delegate from the Commonwealth of the Northern Mariana Islands shall receive
the same compensation, allowances, and benefits as a Member of the House of
Representatives, and shall be entitled to whatever privileges and immunities
are, or hereinafter may be, granted to any other nonvoting Delegate to the
House of Representatives.
SEC. 207. LACK OF EFFECT ON COVENANT.
No provision of this title shall be construed to alter, amend, or abrogate
any provision of the covenant referred to in section 202 except section 901
of the covenant.
SEC. 208. DEFINITION.
For purposes of this title, the term `Delegate' means the Resident Representative
referred to in section 202.
SEC. 209. CONFORMING AMENDMENTS REGARDING APPOINTMENTS TO MILITARY SERVICE
ACADEMIES BY DELEGATE FROM THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.
(a) United States Military Academy- Section 4342(a)(10) of title 10, United
States Code, is amended by striking `resident representative' and inserting
`Delegate in Congress'.
(b) United States Naval Academy- Section 6954(a)(10) of such title is amended
by striking `resident representative' and inserting `Delegate in Congress'.
(c) United States Air Force Academy- Section 9342(a)(10) of such title is
amended by striking `resident representative' and inserting `Delegate in Congress'.
Passed the House of Representatives December 11, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
END
