[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5550 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5550

To provide certain requirements for labeling textile fiber products and 
for duty-free and quota-free treatment of products of, and to implement 
  minimum wage and immigration requirements in, the Northern Mariana 
                    Islands, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 2006

 Mr. George Miller of California (for himself, Mr. Spratt, Ms. Solis, 
  Ms. Pelosi, Mr. McGovern, Mr. Udall of Colorado, Mr. Conyers, Mrs. 
  McCarthy, Mr. Grijalva, Mr. Lantos, and Ms. DeLauro) introduced the 
 following bill; which was referred to the Committee on Resources, and 
  in addition to the Committee on Ways and Means, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To provide certain requirements for labeling textile fiber products and 
for duty-free and quota-free treatment of products of, and to implement 
  minimum wage and immigration requirements in, 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,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``United States-
Commonwealth of the Northern Marianas Human Dignity Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec.  1. Short title; table of contents.
Sec.  2. Amendments. 
Sec.  3. Authority of Customs service to board ships.
Sec.  4. Rate of wages for laborers and mechanics.
Sec.  5. Economic diversification, job creation, and job training 
                            program.
Sec.  6. Labor and human rights study; report.
Sec.  7. Effect on other law.
Sec.  8. Study and recommendations on immigration and national security 
                            vulnerabilities.

SEC. 2. AMENDMENTS.

    The Joint Resolution entitled ``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 (48 U.S.C. 1801 et seq.), is amended 
by adding at the end the following new sections:

``SEC. 7. LABELING OF MADE IN THE USA PRODUCTS.

    ``(a) In General.--A product, including a textile fiber product, 
that leaves the territory of the Northern Mariana Islands for shipment 
to any place in the United States or abroad may not have a stamp, tag, 
label, or other means of identification or substitute therefor on or 
affixed to the product stating `Made in USA' or otherwise stating or 
implying that the product was made or assembled in the United States 
unless--
            ``(1) each individual providing direct labor in production 
        of such product was paid a wage equal to or greater than the 
        wage set by the Fair Labor Standards Act of 1938 (29 U.S.C. 201 
        et seq.);
            ``(2) the product was produced or manufactured in 
        compliance with all Federal laws relating to labor rights and 
        working conditions, including, but not limited to, the National 
        Labor Relations Act, the Occupational Safety and Health Act of 
        1970, and the Fair Labor Standards Act of 1938;
            ``(3) the factory or other business concern producing or 
        manufacturing the product does not employ individuals under 
        conditions of indentured servitude.
    ``(b) Result of Noncompliance Regarding `Made in the USA' 
Products.--A textile fiber product, which is stamped, tagged, labeled, 
or otherwise identified in violation of subsection (a) shall be deemed 
to be willfully misbranded for purposes of the Textile Fiber Products 
Identification Act (15 U.S.C. 70 et seq.).
    ``(c) Definitions.--For purposes of the section:
            ``(1) Direct labor.--The term `direct labor' includes any 
        work provided to prepare, assemble, process, package, or 
        transport a product, but does not include supervisory, 
        management, security, or administrative work.
            ``(2) Indentured servitude.--The term `indentured 
        servitude' includes all labor for which an alien worker is in 
        the Commonwealth of the Northern Mariana Islands solely by 
        virtue of an employment contract with a specific and sole 
        employer or `master' who is in control of the duration of the 
        stay of the indentured alien worker in the Commonwealth of the 
        Northern Mariana Islands. If the worker displeases the 
        employer/master, the contract is terminated and the employee 
        must leave the Commonwealth of the Northern Mariana Islands.

``SEC. 8. MINIMUM WAGE.

    ``Section 503(c) of the foregoing Covenant shall be construed and 
applied as if it read as follows:
    `(c) The minimum wage provisions of the Fair Labor Standards Act of 
1938 (29 U.S.C. 201 et seq.), shall apply to the Commonwealth of the 
Northern Mariana Islands, except that--
            `(1) prior to January 1, 2007, the minimum wage rate 
        applicable to the Commonwealth of the Northern Mariana Islands 
        shall be $3.05 per hour;
            `(2) between January 1, 2007 and December 31, 2007 
        inclusive, the minimum wage rate applicable to the Commonwealth 
        of the Northern Mariana Islands shall be $3.60 per hour;
            `(3) between January 1, 2008 and December 31, 2008 
        inclusive, the minimum wage rate applicable to the Commonwealth 
        of the Northern Mariana Islands shall be $4.15 per hour;
            `(4) on January 1, 2009 and at the beginning of every 
        calendar year thereafter, the minimum wage rate applicable to 
        the Commonwealth of the Northern Mariana Islands shall be 
        increased from the previous wage by the lesser of $1.00 per 
        hour or the amount needed to make the minimum wage rate 
        applicable to the Commonwealth of the Northern Mariana Islands 
        equal to the minimum wage rate set forth in section 6(a)(1) of 
        the Fair Labor Standards Act of 1938, until the minimum wage 
        rate applicable to the Commonwealth of the Northern Mariana 
        Islands is equal to the minimum wage rate set forth in section 
        6(a)(1) of the Fair Labor Standards Act of 1938;
            `(5) once the minimum wage applicable to the Commonwealth 
        of the Northern Mariana Islands equals the minimum wage rate 
        set forth in section 6(a)(1) of the Fair Labor Standards Act of 
        1938, it shall increase as necessary to remain equal to the 
        minimum wage rate set forth in such section.'.

``SEC. 9. CONDITIONS FOR DUTY-FREE AND QUOTA-FREE TREATMENT.

    ``(a) Conditions.--A product of the Northern Mariana Islands may 
not enter the customs territory of the United States duty-free or not 
subject to quota as the product of an insular possession, unless--
            ``(1) each individual providing direct labor in production 
        of the product was paid a wage equal to or greater than the 
        wage set by the Fair Labor Standards Act of 1938 (29 U.S.C. 201 
        et seq.);
            ``(2) the product was produced or manufactured in 
        compliance with all Federal laws relating to labor rights and 
        working conditions, including, but not limited to, the National 
        Labor Relations Act, the Occupational Safety and Health Act of 
        1970, and the Fair Labor Standards Act of 1938;
            ``(3) the factory or other business concern producing or 
        manufacturing the product does not employ individuals under 
        conditions of indentured servitude; and
            ``(4) the Commissioner of Customs has certified that the 
        Commonwealth of the Northern Mariana Islands is taking adequate 
        measures--
                    ``(A) to prevent unlawful transshipment of goods 
                that is carried out by rerouting, false declaration 
                concerning country or place of origin, falsification of 
                documents, evasion of United States rules of origin, or 
                any other means; and
                    ``(B) to prevent being used as a transit point for 
                the shipment of goods in violation of any restriction 
                on imports imposed under any provision of law or 
                applicable trade agreement.
    ``(b) Penalties Against Exporters.--If the President determines, 
based on sufficient evidence, that an exporter has willfully falsified 
information regarding the country of origin, manufacture, processing, 
or assembly of a product of the Northern Mariana Islands for which 
duty-free or quota-free treatment is claimed, then the President shall 
deny to such exporter, and any successors of such exporter, for a 
period of 2 years, duty-free and quota-free treatment for such product.
    ``(c) Definition.--For purposes of this section:
            ``(1) Direct labor.--The term `direct labor' includes any 
        work provided to prepare, assemble, process, package, or 
        transport a product, but does not include supervisory, 
        management, security, or administrative work.
            ``(2) Indentured servitude.--The term `indentured 
        servitude' includes all labor for which an alien worker is in 
        the Commonwealth of the Northern Mariana Islands solely by 
        virtue of an employment contract with a specific and sole 
        employer or `master' who is in control of the duration of the 
        stay of the indentured alien worker in the Commonwealth of the 
        Northern Mariana Islands. If the worker displeases the 
        employer/master, the contract is terminated and the employee 
        must leave the Commonwealth of the Northern Mariana Islands.

``SEC. 10. APPLICABILITY OF IMMIGRATION LAWS.

    ``Section 506 of the foregoing Covenant shall be construed and 
applied as if it included at the end the following subsection:
    `(e)(1) The provisions of the Immigration and Nationality Act shall 
apply to the Northern Mariana Islands as if the Northern Mariana 
Islands were a State (as defined in section 101(a)(36) of such Act), 
and a part of the United States (as defined in section 101(a)(38) of 
such Act). Such Act shall supersede and replace all laws, provisions, 
or programs of the Commonwealth of the Northern Mariana Islands 
relating to the admission and removal of aliens from the Northern 
Mariana Islands.
    `(2)(A) The Secretary of Homeland Security may adjust the status of 
an alien described in subparagraph (B) to that of an alien lawfully 
admitted for permanent residence if the alien--
            `(i) applies for such adjustment;
            `(ii) is physically present in the Commonwealth of the 
        Northern Mariana Islands on the date such application is filed;
            `(iii) is admissible to the United States as an immigrant;
            `(iv) during the 5-year period preceding such application, 
        has been and still is a person of good moral character;
            `(v) has not accepted or continued in unauthorized 
        employment in the Commonwealth of the Northern Mariana Islands 
        prior to filing such application, is not in unlawful 
        immigration status on the date of filing such application, and 
        has not failed (other than through no fault of the alien or for 
        technical reasons) to maintain continuously a lawful status 
        since entry into the Commonwealth of the Northern Mariana 
        Islands; and
            `(vi) establishes to the satisfaction of the Secretary that 
        the denial of such application would result in exceptional and 
        extremely unusual hardship to the alien.
    `(B) The benefits provided by subparagraph (A) shall apply to any 
alien who--
            `(i) during the 4-year period preceding the date of the 
        enactment of the United States-Commonwealth of the Northern 
        Marianas Human Dignity Act, was continuously authorized by the 
        Government of the Northern Mariana Islands (pursuant to the 
        immigration laws of the Commonwealth of the Northern Mariana 
        Islands) to enter into and remain temporarily in the Northern 
        Mariana Islands in order to perform temporary service or labor 
        in the Northern Mariana Islands; or
            `(ii) is the alien spouse or minor child of an alien 
        described in clause (i).
    `(C) When an alien is granted the status of having been lawfully 
admitted for permanent residence pursuant to this paragraph, the 
Secretary of State shall not be required to reduce the number of 
immigrant visas authorized to be issued under the Immigration and 
Nationality Act and the Secretary of Homeland Security shall not be 
required to charge the alien any fee.
    `(D) The definitions contained in the Immigration and Nationality 
Act shall apply in the administration of this paragraph. Nothing 
contained in this paragraph shall be held to repeal, amend, alter, 
modify, effect, or restrict the powers, duties, functions, or authority 
of the Secretary of Homeland Security in the administration and 
enforcement of such Act or any other law relating to immigration, 
nationality, or naturalization. The fact that an alien may be eligible 
to be granted the status of having been lawfully admitted for permanent 
residence under this paragraph shall not preclude the alien from 
seeking such status under any other provision of law for which the 
alien may be eligible.
    `(3)(A) Except as provided in subparagraph (B), paragraphs (1) and 
(2) shall take effect after the expiration of the 3-month period 
beginning on the date of the enactment of the United States-
Commonwealth of the Northern Marianas Human Dignity Act.
    `(B) With respect to an alien who, on the day preceding the date of 
the enactment of the United States-Commonwealth of the Northern 
Marianas Human Dignity Act, is authorized by the Government of the 
Northern Mariana Islands (pursuant to the immigration laws of the 
Commonwealth of the Northern Mariana Islands) to enter into and remain 
temporarily in the Northern Mariana Islands in order to perform 
temporary service or labor in the Northern Mariana Islands (and any 
relatives of the alien if such relatives were authorized to accompany 
or follow to join the alien)--
            `(i) paragraph (1) shall apply to the alien beginning after 
        the earlier of--
                    `(I) the date on which such authorization expires 
                (such authorization not being subject to extension or 
                renewal by the Government of the Northern Mariana 
                Islands after the expiration of the 3-month period 
                beginning on the date of the enactment of the United 
                States-Commonwealth of the Northern Marianas Human 
                Dignity Act);
                    `(II) the date that is 2 years after the date of 
                the enactment of the United States-Commonwealth of the 
                Northern Marianas Human Dignity Act; or
                    `(III) the date on which the status of the alien is 
                adjusted to that of an alien lawfully admitted for 
                permanent residence under paragraph (2); and
            `(ii) if otherwise eligible, the alien may apply for 
        adjustment of status under paragraph (2) beginning on the 
        effective date of such paragraph.
    `(4) When deploying personnel to enforce the provisions of this 
subsection, the Secretary of Homeland Security shall coordinate with, 
and act in conjunction with, State and local law enforcement agencies 
to ensure that such deployment does not degrade or compromise the law 
enforcement capabilities and functions currently performed by 
immigration officers.'.''.

SEC. 3. AUTHORITY OF CUSTOMS SERVICE TO BOARD SHIPS.

    Section 467 of the Tariff Act of 1930 (19 U.S.C. 1467) is amended 
by striking ``or the Virgin Islands,'' each place it appears and 
inserting ``, the Virgin Islands, or the Commonwealth of the Northern 
Mariana Islands,''.

SEC. 4. RATE OF WAGES FOR LABORERS AND MECHANICS.

    No Federal assistance of any kind, including funds made available 
through Acts of appropriation, may be used for or in relation to any 
project for construction, alteration, or repair (including painting and 
decorating) of public buildings or public works within the geographical 
limits of the Northern Mariana Islands and which requires or involves 
the employment of mechanics or laborers, unless the project is subject 
to a contract that contains the following:
            (1) A provision requiring that the minimum wages to be paid 
        the laborers and mechanics working on or in relation to the 
        project shall be at a rate set by the Secretary of Labor that 
        is not less than the minimum wage set forth in section 6 of the 
        Fair Labor Standards Act of 1938 (29 U.S.C. 206).
            (2) A provision requiring the contractor or his 
        subcontractor to pay all mechanics and laborers employed 
        directly upon the site of the work, unconditionally and not 
        less often than once a week, and without subsequent deduction 
        or rebate on any account, the full amounts accrued at time of 
        payment, computed at wage rates not less than those stated in 
        the contract, regardless of any contractual relationship which 
        may be alleged to exist between the contractor or subcontractor 
        and such laborers and mechanics.
            (3) A provision requiring that the scale of wages to be 
        paid shall be posted by the contractor in a prominent and 
        easily accessible place at the site of the work in English and 
        the predominant language of each worker.
            (4) A provision requiring that there shall be withheld from 
        the contractor so much of accrued payments as may be considered 
        necessary by the contracting officer to pay to laborers and 
        mechanics employed by the contractor or any subcontractor on 
        the work the difference between the rates of wages required by 
        the contract to be paid laborers and mechanics on the work and 
        the rates of wages received by such laborers and mechanics and 
        not refunded to the contractor, subcontractors, or their 
        agents.

SEC. 5. ECONOMIC DIVERSIFICATION, JOB CREATION, AND JOB TRAINING 
              PROGRAM.

    (a) In General.--The Secretary of the Interior, in consultation 
with the Secretaries of Commerce and Labor, shall develop a program of 
technical assistance, including recruitment and training, to aid 
employers in the Commonwealth of the Northern Mariana Islands in 
securing employees from among United States authorized labor, including 
lawfully admissible freely associated state citizen labor.
    (b) Funds Available.--For each of the first 5 fiscal years 
beginning after the date of enactment of this Act, $500,000 shall be 
made available from funds appropriated to the Secretary of the Interior 
pursuant to Public Law 104-134 for the Federal-CNMI Immigration, Labor 
and Law Enforcement Initiative for the following activities:
            (1) Technical assistance for job diversification.--Not less 
        than $200,000 shall be available to reimburse the Secretary of 
        Commerce for providing additional technical assistance and 
        other support to the Commonwealth of the Northern Mariana 
        Islands to identify opportunities for and encourage 
        diversification and growth of the Commonwealth economy. The 
        Secretary of Commerce shall consult with the Government of the 
        Commonwealth of the Northern Mariana Islands, local businesses, 
        the Secretary of the Interior, regional banks, and other 
        experts in the local economy and shall assist in the 
        development and implementation of a process to identify 
        opportunities for and encourage diversification and growth of 
        the Commonwealth economy. All expenditures, other than for the 
        costs of Federal personnel, shall require a non-Federal 
        matching contribution of 50 percent and the Secretary of 
        Commerce shall provide a report on activities to the Committee 
        on Energy and Natural Resources and the Committee on 
        Appropriations of the Senate and the Committee on Resources and 
        the Committee on Appropriations of the House of Representatives 
        by March 1 of each year. The Secretary of Commerce may 
        supplement the funds provided under this section with other 
        funds and resources available to the Secretary and shall 
        undertake such other activities, pursuant to existing 
        authorities of the Department, as the Secretary decides will 
        encourage diversification and growth of the Commonwealth 
        economy.
            (2) Technical assistance for job training.--Not less than 
        $300,000 shall be available to reimburse the Secretary of Labor 
        for providing additional technical and other support to the 
        Commonwealth of the Northern Mariana Islands to train and 
        actively recruit and hire persons authorized to work in the 
        United States, including lawfully admissible freely associated 
        state citizen labor, to fill employment vacancies in the 
        Commonwealth of the Northern Mariana Islands. The Secretary of 
        Labor shall consult with the Governor of the Commonwealth of 
        the Northern Mariana Islands, local businesses, the College of 
        the Northern Marianas, the Secretary of the Interior and the 
        Secretary of Commerce and shall assist in the development and 
        implementation of such a training program. All expenditures, 
        other than for the costs of Federal personnel, shall require a 
        non-Federal matching contribution of 50 percent and the 
        Secretary of Labor shall provide a report on activities to the 
        Committee on Energy and Natural Resources and the Committee on 
        Appropriations of the Senate and the Committee on Resources and 
        the Committee on Appropriations of the House of Representatives 
        by March 1 of each year. The Secretary of Labor may supplement 
        the funds provided under this section with other funds and 
        resources available to him and shall undertake such other 
        activities, pursuant to existing authorities of the Department, 
        as he decides will assist in such a training program in the 
        Commonwealth of the Northern Mariana Islands.

SEC. 6. LABOR AND HUMAN RIGHTS STUDY; REPORT.

    (a) Study.--The Secretary of the Interior shall conduct a study of 
the extent of human rights violations and labor rights violations in 
the Northern Mariana Islands, including the use of forced or indentured 
labor, and any efforts being taken by the Government of the United 
States or the Government of the Northern Mariana Island to address or 
prohibit such violations.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of the Interior shall transmit to the 
Committee on Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate a report on the 
results of the study required by subsection (a).
    (c) Consultation.--Appropriate Federal agencies, local government 
officials, law enforcement agencies, and nongovernmental organizations 
active in instituting and protecting human and labor rights may be 
consulted when conducting the study and preparing the report required 
by this section.

SEC. 7. EFFECT ON OTHER LAW.

    (a) Textile Fiber Products Identification Act.--The provisions of 
the amendments made by this Act shall be in addition to, but shall not 
otherwise modify, the requirements of the Textile Fiber Products 
Identification Act (15 U.S.C. 70 et seq.).
    (b) Trafficking Victims Protection Act of 2000.--Notwithstanding 
any other provision of law, the provisions of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7101 et seq.) shall apply in the 
Commonwealth of the Northern Mariana Islands.

SEC. 8. STUDY AND RECOMMENDATIONS ON IMMIGRATION AND NATIONAL SECURITY 
              VULNERABILITIES.

    (a) Study.--The Secretary of the Interior, in consultation with the 
Secretary of Homeland Security, shall conduct a study to determine 
security and immigration vulnerabilities in the Northern Mariana 
Islands. The study shall include a risk assessment of all ports of 
entry and critical infrastructure, an evaluation of the extent of 
organized crime in the Northern Mariana Islands, and an evaluation of 
whether and how to further incorporate the Northern Mariana Islands 
into the Federal immigration and customs system.
    (b) Report and Recommendations.--Not later than 1 year after the 
date of the enactment of this Act, the Secretary of the Interior shall 
transmit to the Committee on Homeland Security, the Committee on 
Resources, and the Committee on the Judiciary of the House of 
Representatives and the Committee on Energy and Natural Resources, the 
Committee on Homeland Security and Governmental Affairs, and the 
Committee on the Judiciary of the Senate a report on the results of the 
study required by subsection (a). The study shall identify and make 
recommendations regarding legislative, regulatory, and organizational 
changes necessary to improve coordination among the Federal and 
Commonwealth entities, to minimize the economic impact of the 
transition to Federal immigration law, and to enhance the security of 
the United States and the Commonwealth.
    (c) Consultation.--Appropriate Federal agencies, local government 
officials, law enforcement agencies, and nongovernmental organizations 
with relevant expertise may be consulted when conducting the study and 
preparing the report required by this section.
                                 <all>