[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3079 Reported in Senate (RS)]
Calendar No. 676
110th CONGRESS
2d Session
H. R. 3079
[Report No. 110-324]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 12, 2007
Received; read twice and referred to the Committee on Energy and
Natural Resources
April 10, 2008
Reported by Mr. Bingaman, without amendment
_______________________________________________________________________
AN ACT
To amend the joint resolution that approved the covenant establishing
the Commonwealth of the Northern Mariana Islands, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--NORTHERN MARIANA ISLANDS IMMIGRATION, SECURITY, AND LABOR ACT
SECTION 101. SHORT TITLE.
This title may be cited as the ``Northern Mariana Islands
Immigration, Security, and Labor Act''.
SEC. 102. STATEMENT OF CONGRESSIONAL INTENT.
(a) Immigration and Growth.--In recognition of the need to ensure
uniform adherence to long-standing fundamental immigration policies of
the United States, it is the intention of the Congress in enacting this
title--
(1) to ensure that effective border control procedures are
implemented and observed, and that national security and
homeland security issues are properly addressed, by extending
the immigration laws (as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101 (a)(17)), to
apply to the Commonwealth of the Northern Mariana Islands
(referred to in this title as the ``Commonwealth''), with
special provisions to allow for--
(A) the orderly phasing-out of the nonresident
contract worker program of the Commonwealth; and
(B) the orderly phasing-in of Federal
responsibilities over immigration in the Commonwealth;
and
(2) to minimize, to the greatest extent practicable,
potential adverse economic and fiscal effects of phasing-out
the Commonwealth's nonresident contract worker program and to
maximize the Commonwealth's potential for future economic and
business growth by--
(A) encouraging diversification and growth of the
economy of the Commonwealth in accordance with
fundamental values underlying Federal immigration
policy;
(B) recognizing local self-government, as provided
for in the Covenant To Establish a Commonwealth of the
Northern Mariana Islands in Political Union With the
United States of America through consultation with the
Governor of the Commonwealth;
(C) assisting the Commonwealth in achieving a
progressively higher standard of living for citizens of
the Commonwealth through the provision of technical and
other assistance;
(D) providing opportunities for individuals
authorized to work in the United States, including
citizens of the freely associated states; and
(E) providing a mechanism for the continued use of
alien workers, to the extent those workers continue to
be necessary to supplement the Commonwealth's resident
workforce, and to protect those workers from the
potential for abuse and exploitation.
(b) Avoiding Adverse Effects.--In recognition of the Commonwealth's
unique economic circumstances, history, and geographical location, it
is the intent of the Congress that the Commonwealth be given as much
flexibility as possible in maintaining existing businesses and other
revenue sources, and developing new economic opportunities, consistent
with the mandates of this title. This title, and the amendments made by
this title, should be implemented wherever possible to expand tourism
and economic development in the Commonwealth, including aiding
prospective tourists in gaining access to the Commonwealth's memorials,
beaches, parks, dive sites, and other points of interest.
SEC. 103. IMMIGRATION REFORM FOR THE COMMONWEALTH.
(a) Amendment to Joint Resolution Approving Covenant Establishing
Commonwealth of the Northern Mariana Islands.--The Joint Resolution
entitled ``A Joint Resolution to approve the `Covenant To Establish a
Commonwealth of the Northern Mariana Islands in Political Union with
the United States of America', and for other purposes'', approved March
24, 1976 (Public Law 94-241; 90 Stat. 263), is amended by adding at the
end the following new section:
``SEC. 6. IMMIGRATION AND TRANSITION.
``(a) Application of the Immigration and Nationality Act and
Establishment of a Transition Program.--
``(1) In general.--Subject to paragraphs (2) and (3),
effective on the first day of the first full month commencing 1
year after the date of the enactment of the Northern Mariana
Islands Immigration, Security, and Labor Act (hereafter
referred to as the `transition program effective date'), the
provisions of the `immigration laws' (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))) shall apply to the Commonwealth of the Northern
Mariana Islands (referred to in this section as the
`Commonwealth'), except as otherwise provided in this section.
``(2) Transition period.--There shall be a transition
period beginning on the transition program effective date and
ending on December 31, 2013, except as provided in subsections
(b) and (d), during which the Secretary of Homeland Security,
in consultation with the Secretary of State, the Attorney
General, the Secretary of Labor, and the Secretary of the
Interior, shall establish, administer, and enforce a transition
program to regulate immigration to the Commonwealth, as
provided in this section (hereafter referred to as the
`transition program').
``(3) Delay of commencement of transition period.--
``(A) In general.--The Secretary of Homeland
Security, in the Secretary's sole discretion, in
consultation with the Secretary of the Interior, the
Secretary of Labor, the Secretary of State, the
Attorney General, and the Governor of the Commonwealth,
may determine that the transition program effective
date be delayed for a period not to exceed more than
180 days after such date.
``(B) Congressional notification.--The Secretary of
Homeland Security shall notify the Congress of a
determination under subparagraph (A) not later than 30
days prior to the transition program effective date.
``(C) Congressional review.--A delay of the
transition program effective date shall not take effect
until 30 days after the date on which the notification
under subparagraph (B) is made.
``(4) Requirement for regulations.--The transition program
shall be implemented pursuant to regulations to be promulgated,
as appropriate, by the head of each agency or department of the
United States having responsibilities under the transition
program.
``(5) Interagency agreements.--The Secretary of Homeland
Security, the Secretary of State, the Secretary of Labor, and
the Secretary of the Interior shall negotiate and implement
agreements among their agencies to identify and assign their
respective duties so as to ensure timely and proper
implementation of the provisions of this section. The
agreements should address, at a minimum, procedures to ensure
that Commonwealth employers have access to adequate labor, and
that tourists, students, retirees, and other visitors have
access to the Commonwealth without unnecessary delay or
impediment. The agreements may also allocate funding between
the respective agencies tasked with various responsibilities
under this section.
``(6) Certain education funding.--In addition to fees
charged pursuant to section 286(m) of the Immigration and
Nationality Act (8 U.S.C. 1356(m)) to recover the full costs of
providing adjudication services, the Secretary of Homeland
Security shall charge an annual supplemental fee of $150 per
nonimmigrant worker to each prospective employer who is issued
a permit under subsection (d) of this section during the
transition period. Such supplemental fee shall be paid into the
Treasury of the Commonwealth government for the purpose of
funding ongoing vocational educational curricula and program
development by Commonwealth educational entities.
``(7) Asylum.--Section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158) shall not apply during the
transition period to persons physically present in the
Commonwealth or arriving in the Commonwealth (whether or not at
a designated port of arrival), including persons brought to the
Commonwealth after having been interdicted in international or
United States waters.
``(b) Numerical Limitations for Nonimmigrant Workers.--An alien, if
otherwise qualified, may seek admission to Guam or to the Commonwealth
during the transition program as a nonimmigrant worker under section
101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)) without counting against the numerical limitations set
forth in section 214(g) of such Act (8 U.S.C. 1184(g)). This subsection
does not apply to any employment to be performed outside of Guam or the
Commonwealth. Not later than 3 years following the transition program
effective date, the Secretary of Homeland Security shall issue a report
to the Committee on Energy and Natural Resources and the Committee on
the Judiciary of the Senate and the Committee on Natural Resources and
the Committee on the Judiciary of the House of Representatives
projecting the number of asylum claims the Secretary anticipates
following the termination of the transition period, the efforts the
Secretary has made to ensure appropriate interdiction efforts, provide
for appropriate treatment of asylum seekers, and prepare to accept and
adjudicate asylum claims in the Commonwealth.
``(c) Nonimmigrant Investor Visas.--
``(1) In general.--Notwithstanding the treaty requirements
in section 101(a)(15)(E) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(E)), during the transition period, the
Secretary of Homeland Security may, upon the application of an
alien, classify an alien as a CNMI-only nonimmigrant under
section 101(a)(15)(E)(ii) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(E)(ii)) if the alien--
``(A) has been admitted to the Commonwealth in
long-term investor status under the immigration laws of
the Commonwealth before the transition program
effective date;
``(B) has continuously maintained residence in the
Commonwealth under long-term investor status;
``(C) is otherwise admissible; and
``(D) maintains the investment or investments that
formed the basis for such long-term investor status.
``(2) Requirement for regulations.--Not later than 60 days
before the transition program effective date, the Secretary of
Homeland Security shall publish regulations in the Federal
Register to implement this subsection.
``(d) Special Provision to Ensure Adequate Employment; Commonwealth
Only Transitional Workers.--An alien who is seeking to enter the
Commonwealth as a nonimmigrant worker may be admitted to perform work
during the transition period subject to the following requirements:
``(1) Such an alien shall be treated as a nonimmigrant
described in section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)), including the ability
to apply, if otherwise eligible, for a change of nonimmigrant
classification under section 248 of such Act (8 U.S.C. 1258) or
adjustment of status under this section and section 245 of such
Act (8 U.S.C. 1255).
``(2) The Secretary of Homeland Security shall establish,
administer, and enforce a system for allocating and determining
the number, terms, and conditions of permits to be issued to
prospective employers for each such nonimmigrant worker
described in this subsection who would not otherwise be
eligible for admission under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.). In adopting and enforcing this
system, the Secretary shall also consider, in good faith and
not later than 30 days after receipt by the Secretary, any
comments and advice submitted by the Governor of the
Commonwealth. This system shall provide for a reduction in the
allocation of permits for such workers on an annual basis, to
zero, during a period not to extend beyond December 31, 2013,
unless extended pursuant to paragraph 5 of this subsection, and
shall take into account the number of petitions granted under
subsection (i). In no event shall a permit be valid beyond the
expiration of the transition period. This system may be based
on any reasonable method and criteria determined by the
Secretary of Homeland Security to promote the maximum use of,
and to prevent adverse effects on wages and working conditions
of, workers authorized to be employed in the United States,
including lawfully admissible freely associated state citizen
labor. No alien shall be granted nonimmigrant classification or
a visa under this subsection unless the permit requirements
established under this paragraph have been met.
``(3) The Secretary of Homeland Security shall set the
conditions for admission of such an alien under the transition
program, and the Secretary of State shall authorize the
issuance of nonimmigrant visas for such an alien. Such a visa
shall not be valid for admission to the United States, as
defined in section 101(a)(38) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(38)), except admission to the
Commonwealth. An alien admitted to the Commonwealth on the
basis of such a visa shall be permitted to engage in employment
only as authorized pursuant to the transition program.
``(4) Such an alien shall be permitted to transfer between
employers in the Commonwealth during the period of such alien's
authorized stay therein, without permission of the employee's
current or prior employer, within the alien's occupational
category or another occupational category the Secretary of
Homeland Security has found requires alien workers to
supplement the resident workforce.
``(5)(A) Not later than 180 days prior to the expiration of
the transition period, or any extension thereof, the Secretary
of Labor, in consultation with the Secretary of Homeland
Security, the Secretary of the Interior, and the Governor of
the Commonwealth, shall ascertain the current and anticipated
labor needs of the Commonwealth and determine whether an
extension of up to 5 years of the provisions of this subsection
is necessary to ensure an adequate number of workers will be
available for legitimate businesses in the Commonwealth. For
the purpose of this subparagraph, a business shall not be
considered legitimate if it engages directly or indirectly in
prostitution, trafficking in minors, or any other activity that
is illegal under Federal or local law. The determinations of
whether a business is legitimate and to what extent, if any, it
may require alien workers to supplement the resident workforce,
shall be made by the Secretary of Homeland Security, in the
Secretary's sole discretion.
``(B) If the Secretary of Labor determines that such an
extension is necessary to ensure an adequate number of workers
for legitimate businesses in the Commonwealth, the Secretary of
Labor may, through notice published in the Federal Register,
provide for an additional extension period of up to 5 years.
``(C) In making the determination of whether alien workers
are necessary to ensure an adequate number of workers for
legitimate businesses in the Commonwealth, and if so, the
number of such workers that are necessary, the Secretary of
Labor may consider, among other relevant factors--
``(i) government, industry, or independent
workforce studies reporting on the need, or lack
thereof, for alien workers in the Commonwealth's
businesses;
``(ii) the unemployment rate of United States
citizen workers residing in the Commonwealth;
``(iii) the unemployment rate of aliens in the
Commonwealth who have been lawfully admitted for
permanent residence;
``(iv) the number of unemployed alien workers in
the Commonwealth;
``(v) any good faith efforts to locate, educate,
train, or otherwise prepare United States citizen
residents, lawful permanent residents, and unemployed
alien workers already within the Commonwealth, to
assume those jobs;
``(vi) any available evidence tending to show that
United States citizen residents, lawful permanent
residents, and unemployed alien workers already in the
Commonwealth are not willing to accept jobs of the type
offered;
``(vii) the extent to which admittance of alien
workers will affect the compensation, benefits, and
living standards of existing workers within those
industries and other industries authorized to employ
alien workers; and
``(viii) the prior use, if any, of alien workers to
fill those industry jobs, and whether the industry
requires alien workers to fill those jobs.
``(6) The Secretary of Homeland Security may authorize the
admission of a spouse or minor child accompanying or following
to join a worker admitted pursuant to this subsection.
``(e) Persons Lawfully Admitted Under the Commonwealth Immigration
Law.--
``(1) Prohibition on removal.--
``(A) In general.--Subject to subparagraph (B), no
alien who is lawfully present in the Commonwealth
pursuant to the immigration laws of the Commonwealth on
the transition program effective date shall be removed
from the United States on the grounds that such alien's
presence in the Commonwealth is in violation of section
212(a)(6)(A) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(6)(A)), until the earlier of the date--
``(i) of the completion of the period of
the alien's admission under the immigration
laws of the Commonwealth; or
``(ii) that is 2 years after the transition
program effective date.
``(B) Limitations.--Nothing in this subsection
shall be construed to prevent or limit the removal
under subparagraph 212(a)(6)(A) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(6)(A)) of such an
alien at any time, if the alien entered the
Commonwealth after the date of the enactment of the
Northern Mariana Islands Immigration, Security, and
Labor Act, and the Secretary of Homeland Security has
determined that the Government of the Commonwealth has
violated section 103(i) of the Northern Mariana Islands
Immigration, Security, and Labor Act.
``(2) Employment authorization.--An alien who is lawfully
present and authorized to be employed in the Commonwealth
pursuant to the immigration laws of the Commonwealth on the
transition program effective date shall be considered
authorized by the Secretary of Homeland Security to be employed
in the Commonwealth until the earlier of the date--
``(A) of expiration of the alien's employment
authorization under the immigration laws of the
Commonwealth; or
``(B) that is 2 years after the transition program
effective date.
``(3) Registration.--The Secretary of Homeland Security may
require any alien present in the Commonwealth on or after the
transition period effective date to register with the Secretary
in such a manner, and according to such schedule, as he may in
his discretion require. Paragraphs (1) and (2) of this
subsection shall not apply to any alien who fails to comply
with such registration requirement. Notwithstanding any other
law, the Government of the Commonwealth shall provide to the
Secretary all Commonwealth immigration records or other
information that the Secretary deems necessary to assist the
implementation of this paragraph or other provisions of the
Northern Mariana Islands Immigration, Security, and Labor Act.
Nothing in this paragraph shall modify or limit section 262 of
the Immigration and Nationality Act (8 U.S.C. 1302) or other
provision of the Immigration and Nationality Act relating to
the registration of aliens.
``(4) Removable aliens.--Except as specifically provided in
paragraph (1)(A) of this subsection, nothing in this subsection
shall prohibit or limit the removal of any alien who is
removable under the Immigration and Nationality Act.
``(5) Prior orders of removal.--The Secretary of Homeland
Security may execute any administratively final order of
exclusion, deportation or removal issued under authority of the
immigration laws of the United States before, on, or after the
transition period effective date, or under authority of the
immigration laws of the Commonwealth before the transition
period effective date, upon any subject of such order found in
the Commonwealth on or after the transition period effective
date, regardless whether the alien has previously been removed
from the United States or the Commonwealth pursuant to such
order.
``(f) Effect on Other Laws.--The provisions of this section and of
the immigration laws, as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)), shall, on the
transition program effective date, supersede and replace all laws,
provisions, or programs of the Commonwealth relating to the admission
of aliens and the removal of aliens from the Commonwealth.
``(g) Accrual of Time for Purposes of Section 212(a)(9)(B) of the
Immigration and Nationality Act.--No time that an alien is present in
the Commonwealth in violation of the immigration laws of the
Commonwealth shall be counted for purposes of inadmissibility under
section 212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(9)(B)).
``(h) Report on Nonresident Guestworker Population.--The Secretary
of the Interior, in consultation with the Secretary of Homeland
Security, and the Governor of the Commonwealth, shall report to the
Congress not later than 2 years after the date of the enactment of the
Northern Mariana Islands Immigration, Security, and Labor Act. The
report shall include--
``(1) the number of aliens residing in the Commonwealth;
``(2) a description of the legal status (under Federal law)
of such aliens;
``(3) the number of years each alien has been residing in
the Commonwealth;
``(4) the current and future requirements of the
Commonwealth economy for an alien workforce; and
``(5) such recommendations to the Congress, as the
Secretary may deem appropriate, related to whether or not the
Congress should consider permitting lawfully admitted guest
workers lawfully residing in the Commonwealth on such enactment
date to apply for long-term status under the immigration and
nationality laws of the United States.''.
(b) Waiver of Requirements for Nonimmigrant Visitors.--The
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 214(a)(1) (8 U.S.C. 1184(a)(1))--
(A) by striking ``Guam'' each place such term
appears and inserting ``Guam or the Commonwealth of the
Northern Mariana Islands''; and
(B) by striking ``fifteen'' and inserting ``45'';
(2) in section 212(a)(7)(B) (8 U.S.C. 1182(a)(7)(B)), by
amending clause (iii) to read as follows:
``(iii) Guam and northern mariana islands
visa waiver.--For provision authorizing waiver
of clause (i) in the case of visitors to Guam
or the Commonwealth of the Northern Mariana
Islands, see subsection (l).''; and
(3) by amending section 212(l) (8 U.S.C. 1182(l)) to read
as follows:
``(l) Guam and Northern Mariana Islands Visa Waiver Program.--
``(1) In general.--The requirement of subsection
(a)(7)(B)(i) may be waived by the Secretary of Homeland
Security, in the case of an alien applying for admission as a
nonimmigrant visitor for business or pleasure and solely for
entry into and stay in Guam or the Commonwealth of the Northern
Mariana Islands for a period not to exceed 45 days, if the
Secretary of Homeland Security, after consultation with the
Secretary of the Interior, the Secretary of State, the Governor
of Guam and the Governor of the Commonwealth of the Northern
Mariana Islands, determines that--
``(A) an adequate arrival and departure control
system has been developed in Guam and the Commonwealth
of the Northern Mariana Islands; and
``(B) such a waiver does not represent a threat to
the welfare, safety, or security of the United States
or its territories and commonwealths.
``(2) Alien waiver of rights.--An alien may not be provided
a waiver under this subsection unless the alien has waived any
right--
``(A) to review or appeal under this Act an
immigration officer's determination as to the
admissibility of the alien at the port of entry into
Guam or the Commonwealth of the Northern Mariana
Islands; or
``(B) to contest, other than on the basis of an
application for withholding of removal under section
241(b)(3) of this Act or under the Convention Against
Torture, or an application for asylum if permitted
under section 208, any action for removal of the alien.
``(3) Regulations.--All necessary regulations to implement
this subsection shall be promulgated by the Secretary of
Homeland Security, in consultation with the Secretary of the
Interior and the Secretary of State, on or before the 180th day
after the date of the enactment of the Northern Mariana Islands
Immigration, Security, and Labor Act. The promulgation of such
regulations shall be considered a foreign affairs function for
purposes of section 553(a) of title 5, United States Code. At a
minimum, such regulations should include, but not necessarily
be limited to--
``(A) a listing of all countries whose nationals
may obtain the waiver also provided by this subsection,
except that such regulations shall provide for a
listing of any country from which the Commonwealth has
received a significant economic benefit from the number
of visitors for pleasure within the one-year period
preceding the date of the enactment of the Northern
Mariana Islands Immigration, Security, and Labor Act,
unless the Secretary of Homeland Security determines
that such country's inclusion on such list would
represent a threat to the welfare, safety, or security
of the United States or its territories; and
``(B) any bonding requirements for nationals of
some or all of those countries who may present an
increased risk of overstays or other potential
problems, if different from such requirements otherwise
provided by law for nonimmigrant visitors.
``(4) Factors.--In determining whether to grant or continue
providing the waiver under this subsection to nationals of any
country, the Secretary of Homeland Security, in consultation
with the Secretary of the Interior and the Secretary of State,
shall consider all factors that the Secretary deems relevant,
including electronic travel authorizations, procedures for
reporting lost and stolen passports, repatriation of aliens,
rates of refusal for nonimmigrant visitor visas, overstays,
exit systems, and information exchange.
``(5) Suspension.--The Secretary of Homeland Security shall
monitor the admission of nonimmigrant visitors to Guam and the
Commonwealth of the Northern Mariana Islands under this
subsection. If the Secretary determines that such admissions
have resulted in an unacceptable number of visitors from a
country remaining unlawfully in Guam or the Commonwealth of the
Northern Mariana Islands, unlawfully obtaining entry to other
parts of the United States, or seeking withholding of removal
or asylum, or that visitors from a country pose a risk to law
enforcement or security interests of Guam or the Commonwealth
of the Northern Mariana Islands or of the United States
(including the interest in the enforcement of the immigration
laws of the United States), the Secretary shall suspend the
admission of nationals of such country under this subsection.
The Secretary of Homeland Security may in the Secretary's
discretion suspend the Guam and Northern Mariana Islands visa
waiver program at any time, on a country-by-country basis, for
other good cause.
``(6) Addition of countries.--The Governor of Guam and the
Governor of the Commonwealth of the Northern Mariana Islands
may request the Secretary of the Interior and the Secretary of
Homeland Security to add a particular country to the list of
countries whose nationals may obtain the waiver provided by
this subsection, and the Secretary of Homeland Security may
grant such request after consultation with the Secretary of the
Interior and the Secretary of State, and may promulgate
regulations with respect to the inclusion of that country and
any special requirements the Secretary of Homeland Security, in
the Secretary's sole discretion, may impose prior to allowing
nationals of that country to obtain the waiver provided by this
subsection.''.
(c) Special Nonimmigrant Categories for Guam and the Commonwealth
of the Northern Mariana Islands.--The Governor of Guam and the Governor
of the Commonwealth of the Northern Mariana Islands (referred to in
this subsection as ``CNMI'') may request that the Secretary of Homeland
Security study the feasibility of creating additional Guam or CNMI-only
nonimmigrant visas to the extent that existing nonimmigrant visa
categories under the Immigration and Nationality Act do not provide for
the type of visitor, the duration of allowable visit, or other
circumstance. The Secretary of Homeland Security may review such a
request, and, after consultation with the Secretary of State and the
Secretary of the Interior, shall issue a report to the Committee on
Energy and Natural Resources and the Committee on the Judiciary of the
Senate and the Committee on Natural Resources and the Committee on the
Judiciary of the House of Representatives with respect to the
feasibility of creating those additional Guam or CNMI-only visa
categories. Consideration of such additional Guam or CNMI-only visa
categories may include, but are not limited to, special nonimmigrant
statuses for investors, students, and retirees, but shall not include
nonimmigrant status for the purpose of employment in Guam or the CNMI.
(d) Inspection of Persons Arriving From the Commonwealth of the
Northern Mariana Islands; Guam and Northern Mariana Islands-Only Visas
Not Valid for Entry Into Other Parts of the United States.--Section
212(d)(7) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(7))
is amended by inserting ``the Commonwealth of the Northern Mariana
Islands,'' after ``Guam,''.
(e) Technical Assistance Program.--
(1) In general.--The Secretary of the Interior, in
consultation with the Governor of the Commonwealth, the
Secretary of Labor, and the Secretary of Commerce, and as
provided in the Interagency Agreements required to be
negotiated under section 6(a)(4) of the Joint Resolution
entitled ``A Joint Resolution to approve the `Covenant To
Establish a Commonwealth of the Northern Mariana Islands in
Political Union with the United States of America', and for
other purposes'', approved March 24, 1976 (Public Law 94-241),
as added by subsection (a), shall provide--
(A) technical assistance and other support to the
Commonwealth to identify opportunities for, and
encourage diversification and growth of, the economy of
the Commonwealth;
(B) technical assistance, including assistance in
recruiting, training, and hiring of workers, to assist
employers in the Commonwealth in securing employees
first from among United States citizens and nationals
resident in the Commonwealth and if an adequate number
of such workers are not available, from among legal
permanent residents, including lawfully admissible
citizens of the freely associated states; and
(C) technical assistance, including assistance to
identify types of jobs needed, identify skills needed
to fulfill such jobs, and assistance to Commonwealth
educational entities to develop curricula for such job
skills to include training teachers and students for
such skills.
(2) Consultation.--In providing such technical assistance
under paragraph (1), the Secretaries shall--
(A) consult with the Government of the
Commonwealth, local businesses, regional banks,
educational institutions, and other experts in the
economy of the Commonwealth; and
(B) assist in the development and implementation of
a process to identify opportunities for and encourage
diversification and growth of the economy of the
Commonwealth and to identify and encourage
opportunities to meet the labor needs of the
Commonwealth.
(3) Cost-sharing.--For the provision of technical
assistance or support under this paragraph (other than that
required to pay the salaries and expenses of Federal
personnel), the Secretary of the Interior shall require a non-
Federal matching contribution of 10 percent.
(f) Operations.--
(1) Establishment.--At any time on and after the date of
the enactment of this Act, the Attorney General, Secretary of
Homeland Security, and the Secretary of Labor may establish and
maintain offices and other operations in the Commonwealth for
the purpose of carrying out duties under--
(A) the Immigration and Nationality Act (8 U.S.C.
1101 et seq.); and
(B) the transition program established under
section 6 of the Joint Resolution entitled ``A Joint
Resolution to approve the `Covenant to Establish a
Commonwealth of the Northern Mariana Islands in
Political Union with the United States of America', and
for other purposes'', approved March 24, 1976 (Public
Law 94-241), as added by subsection (a) of this
section.
(2) Personnel.--To the maximum extent practicable and
consistent with the satisfactory performance of assigned duties
under applicable law, the Attorney General, Secretary of
Homeland Security, and the Secretary of Labor shall recruit and
hire personnel from among qualified United States citizens and
national applicants residing in the Commonwealth to serve as
staff in carrying out operations described in paragraph (1).
(g) Conforming Amendments to Public Law 94-241.--
(1) Amendments.--Public Law 94-241 is amended as follows:
(A) In section 503 of the covenant set forth in
section 1, by striking subsection (a) and redesignating
subsections (b) and (c) as subsections (a) and (b),
respectively.
(B) By striking section 506 of the covenant set
forth in section 1.
(C) In section 703(b) of the covenant set forth in
section 1, by striking ``quarantine, passport,
immigration and naturalization'' and inserting
``quarantine and passport''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the transition program effective date
described in section 6 of Public Law 94-241 (as added by
subsection (a)).
(h) Reports to Congress.--
(1) In general.--Not later than March 1 of the first year
that is at least 2 full years after the date of the enactment
of this title, and annually thereafter, the President shall
submit to the Committee on Energy and Natural Resources and the
Committee on the Judiciary of the Senate and the Committee on
Natural Resources and the Committee on the Judiciary of the
House of Representatives a report that evaluates the overall
effect of the transition program established under section 6 of
the Joint Resolution entitled ``A Joint Resolution to approve
the `Covenant To Establish a Commonwealth of the Northern
Mariana Islands in Political Union with the United States of
America', and for other purposes'', approved March 24, 1976
(Public Law 94-241), as added by subsection (a) of this
section, and the Immigration and Nationality Act (8 U.S.C. 1101
et seq.) on the Commonwealth.
(2) Contents.--In addition to other topics otherwise
required to be included under this title or the amendments made
by this title, each report submitted under paragraph (1) shall
include a description of the efforts that have been undertaken
during the period covered by the report to diversify and
strengthen the local economy of the Commonwealth, including
efforts to promote the Commonwealth as a tourist destination.
The report by the President shall include an estimate for the
numbers of nonimmigrant workers described under section
101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)) necessary to avoid adverse economic effects in
Guam and the Commonwealth.
(3) GAO report.--The Government Accountability Office shall
submit a report to the Congress not later than 2 years after
the date of the enactment of this title, to include, at a
minimum, the following items:
(A) An assessment of the implementation of this
title and the amendments made by this title, including
an assessment of the performance of Federal agencies
and the Government of the Commonwealth in meeting
congressional intent.
(B) An assessment of the short-term and long-term
impacts of implementation of this title and the
amendments made by this title on the economy of the
Commonwealth, including its ability to obtain workers
to supplement its resident workforce and to maintain
access to its tourists and customers, and any effect on
compliance with United States treaty obligations
mandating non-refoulement for refugees.
(C) An assessment of the economic benefit of the
investors ``grandfathered'' under subsection (c) of
section 6 of the Joint Resolution entitled ``A Joint
Resolution to approve the `Covenant To Establish a
Commonwealth of the Northern Mariana Islands in
Political Union with the United States of America', and
for other purposes'', approved March 24, 1976 (Public
Law 94-241), as added by subsection (a) of this
section, and the Commonwealth's ability to attract new
investors after the date of the enactment of this
title.
(D) An assessment of the number of illegal aliens
in the Commonwealth, including any Federal and
Commonwealth efforts to locate and repatriate them.
(4) Reports by the local government.--The Governor of the
Commonwealth may submit an annual report to the President on
the implementation of this title, and the amendments made by
this title, with recommendations for future changes. The
President shall forward the Governor's report to the Congress
with any Administration comment after an appropriate period of
time for internal review, provided that nothing in this
paragraph shall be construed to require the President to
provide any legislative recommendation to the Congress.
(5) Report on federal personnel and resource
requirements.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security,
after consulting with the Secretary of the Interior and other
departments and agencies as may be deemed necessary, shall
submit a report to the Committee on Natural Resources, the
Committee on Homeland Security, and the Committee on the
Judiciary of the House of Representatives, and to the Committee
on Energy and Natural Resources, the Committee on Homeland
Security and Governmental Affairs, and the Committee on the
Judiciary of the Senate, on the current and planned levels of
Transportation Security Administration, United States Customs
and Border Protection, United States Immigration and Customs
Enforcement, United States Citizenship and Immigration
Services, and United States Coast Guard personnel and resources
necessary for fulfilling mission requirements on Guam and the
Commonwealth in a manner comparable to the level provided at
other similar ports of entry in the United States. In
fulfilling this reporting requirement, the Secretary shall
consider and anticipate the increased requirements due to the
proposed realignment of military forces on Guam and in the
Commonwealth and growth in the tourism sector.
(i) Required Actions Prior to Transition Program Effective Date.--
During the period beginning on the date of the enactment of this Act
and ending on the transition program effective date described in
section 6 of Public Law 94-241 (as added by subsection (a)), the
Government of the Commonwealth shall--
(1) not permit an increase in the total number of alien
workers who are present in the Commonwealth as of the date of
the enactment of this Act; and
(2) administer its nonrefoulement protection program--
(A) according to the terms and procedures set forth
in the Memorandum of Agreement entered into between the
Commonwealth of the Northern Mariana Islands and the
United States Department of Interior, Office of Insular
Affairs, executed on September 12, 2003 (which terms
and procedures, including but not limited to funding by
the Secretary of the Interior and performance by the
Secretary of Homeland Security of the duties of
``Protection Consultant'' to the Commonwealth, shall
have effect on and after the date of the enactment of
this Act), as well as CNMI Public Law 13-61 and the
Immigration Regulations Establishing a Procedural
Mechanism for Persons Requesting Protection from
Refoulement; and
(B) so as not to remove or otherwise effect the
involuntary return of any alien whom the Protection
Consultant has determined to be eligible for protection
from persecution or torture.
(j) Conforming Amendments to the Immigration and Nationality Act.--
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended--
(1) in section 101(a)(15)(D)(ii), by inserting ``or the
Commonwealth of the Northern Mariana Islands'' after ``Guam''
each time such term appears;
(2) in section 101(a)(36), by striking ``and the Virgin
Islands of the United States'' and inserting ``the Virgin
Islands of the United States, and the Commonwealth of the
Northern Mariana Islands'';
(3) in section 101(a)(38), by striking ``and the Virgin
Islands of the United States'' and inserting ``the Virgin
Islands of the United States, and the Commonwealth of the
Northern Mariana Islands'';
(4) in section 208, by adding at the end the following:
``(e) Commonwealth of the Northern Mariana Islands.--The provisions
of this section and section 209(b) of this Act shall apply to persons
physically present in the Commonwealth of the Northern Mariana Islands
or arriving in the Commonwealth (whether or not at a designated port of
arrival and including persons who are brought to the Commonwealth after
having been interdicted in international or United States waters) only
on or after January 1, 2014.''; and
(5) in section 235(b)(1), by adding at the end the
following:
``(G) Commonwealth of the northern mariana
islands.--Nothing in this subsection shall be construed
to authorize or require any person described in section
208(e) of this Act to be permitted to apply for asylum
under section 208 of this Act at any time before
January 1, 2014.''.
(k) Availability of Other Nonimmigrant Professionals.--The
requirements of section 212(m)(6)(B) of the Immigration and Nationality
Act (8 U.S.C. 1182(m)(6)(B)) shall not apply to a facility in Guam, the
Commonwealth of the Northern Mariana Islands, or the Virgin Islands.
SEC. 104. FURTHER AMENDMENTS TO PUBLIC LAW 94-241.
Public Law 94-241, as amended, is further amended in section
4(c)(3) by striking the colon after ``Marshall Islands'' and inserting
the following: ``, except that $200,000 in fiscal year 2009 and
$225,000 annually for fiscal years 2010 through 2018 are hereby
rescinded; Provided, That the amount rescinded shall be increased by
the same percentage as that of the annual salary and benefit
adjustments for Members of Congress''.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this title.
SEC. 106. EFFECTIVE DATE.
(a) In General.--Except as specifically provided in this section or
otherwise in this Act, this title and the amendments made by this title
shall take effect on the date of the enactment of this title.
(b) Amendments to the Immigration and Nationality Act.--The
amendments to the Immigration and Nationality Act made by this Act, and
other provisions of this Act applying the immigration laws (as defined
in section 101(a)(17) of Immigration and Nationality Act (8 U.S.C.
1101(a)(17))) to the Commonwealth, shall take effect on the transition
program effective date described in section 6 of Public Law 94-241 (as
added by section 103(a) of this Act), unless specifically provided
otherwise in this Act.
(c) Construction.--Nothing in this Act or the amendments made by
this Act shall be construed to make any residence or presence in the
Commonwealth before the transition program effective date described in
section 6 of Public Law 94-241 (as added by section 103(a) of this Act)
residence or presence in the United States, except that, for the
purpose only of determining whether an alien lawfully admitted for
permanent residence (as defined in section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(20))) has abandoned
or lost such status by reason of absence from the United States, such
alien's presence in the Commonwealth before, on, or after the date of
the enactment of this Act shall be considered to be presence in the
United States.
TITLE II--NORTHERN MARIANA ISLANDS DELEGATE ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Northern Mariana Islands Delegate
Act''.
SEC. 202. DELEGATE TO HOUSE OF REPRESENTATIVES FROM COMMONWEALTH OF THE
NORTHERN MARIANA ISLANDS.
The Commonwealth of the Northern Mariana Islands shall be
represented in the United States Congress by the Resident
Representative to the United States authorized by section 901 of the
Covenant To Establish a Commonwealth of the Northern Mariana Islands in
Political Union With the United States of America (approved by Public
Law 94-241 (48 U.S.C. 1801 et seq.)). The Resident Representative shall
be a nonvoting Delegate to the House of Representatives, elected as
provided in this title.
SEC. 203. ELECTION OF DELEGATE.
(a) Electors and Time of Election.--The Delegate shall be elected--
(1) by the people qualified to vote for the popularly
elected officials of the Commonwealth of the Northern Mariana
Islands; and
(2) at the Federal general election of 2008 and at such
Federal general election every 2d year thereafter.
(b) Manner of Election.--
(1) In general.--The Delegate shall be elected at large and
by a plurality of the votes cast for the office of Delegate.
(2) Effect of establishment of primary elections.--
Notwithstanding paragraph (1), if the Government of the
Commonwealth of the Northern Mariana Islands, acting pursuant
to legislation enacted in accordance with the Constitution of
the Commonwealth of the Northern Mariana Islands, provides for
primary elections for the election of the Delegate, the
Delegate shall be elected by a majority of the votes cast in
any general election for the office of Delegate for which such
primary elections were held.
(c) Vacancy.--In case of a permanent vacancy in the office of
Delegate, the office of Delegate shall remain vacant until a successor
is elected and qualified.
(d) Commencement of Term.--The term of the Delegate shall commence
on the 3d day of January following the date of the election.
SEC. 204. QUALIFICATIONS FOR OFFICE OF DELEGATE.
To be eligible for the office of Delegate a candidate shall--
(1) be at least 25 years of age on the date of the
election;
(2) have been a citizen of the United States for at least 7
years prior to the date of the election;
(3) be a resident and domiciliary of the Commonwealth of
the Northern Mariana Islands for at least 7 years prior to the
date of the election;
(4) be qualified to vote in the Commonwealth of the
Northern Mariana Islands on the date of the election; and
(5) not be, on the date of the election, a candidate for
any other office.
SEC. 205. DETERMINATION OF ELECTION PROCEDURE.
Acting pursuant to legislation enacted in accordance with the
Constitution of the Commonwealth of the Northern Mariana Islands, the
Government of the Commonwealth of the Northern Mariana Islands may
determine the order of names on the ballot for election of Delegate,
the method by which a special election to fill a permanent vacancy in
the office of Delegate shall be conducted, the method by which ties
between candidates for the office of Delegate shall be resolved, and
all other matters of local application pertaining to the election and
the office of Delegate not otherwise expressly provided for in this
title.
SEC. 206. COMPENSATION, PRIVILEGES, AND IMMUNITIES.
Until the Rules of the House of Representatives are amended to
provide otherwise, the Delegate from the Commonwealth of the Northern
Mariana Islands shall receive the same compensation, allowances, and
benefits as a Member of the House of Representatives, and shall be
entitled to whatever privileges and immunities are, or hereinafter may
be, granted to any other nonvoting Delegate to the House of
Representatives.
SEC. 207. LACK OF EFFECT ON COVENANT.
No provision of this title shall be construed to alter, amend, or
abrogate any provision of the covenant referred to in section 202
except section 901 of the covenant.
SEC. 208. DEFINITION.
For purposes of this title, the term ``Delegate'' means the
Resident Representative referred to in section 202.
SEC. 209. CONFORMING AMENDMENTS REGARDING APPOINTMENTS TO MILITARY
SERVICE ACADEMIES BY DELEGATE FROM THE COMMONWEALTH OF
THE NORTHERN MARIANA ISLANDS.
(a) United States Military Academy.--Section 4342(a)(10) of title
10, United States Code, is amended by striking ``resident
representative'' and inserting ``Delegate in Congress''.
(b) United States Naval Academy.--Section 6954(a)(10) of such title
is amended by striking ``resident representative'' and inserting
``Delegate in Congress''.
(c) United States Air Force Academy.--Section 9342(a)(10) of such
title is amended by striking ``resident representative'' and inserting
``Delegate in Congress''.
Passed the House of Representatives December 11, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
Calendar No. 676
110th CONGRESS
2d Session
H. R. 3079
[Report No. 110-324]
_______________________________________________________________________
AN ACT
To amend the joint resolution that approved the covenant establishing
the Commonwealth of the Northern Mariana Islands, and for other
purposes.
_______________________________________________________________________
April 10, 2008
Reported without amendment