[Congressional Record Volume 153, Number 189 (Tuesday, December 11, 2007)]
[House]
[Pages H15219-H15227]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NORTHERN MARIANA ISLANDS COVENANT IMPLEMENTATION ACT
Mrs. CHRISTENSEN. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 3079) to amend the Joint Resolution Approving the
Covenant to Establish a Commonwealth of the Northern Mariana Islands,
and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3079
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.
[[Page H15220]]
``(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
[[Page H15221]]
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
[[Page H15222]]
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
[[Page H15223]]
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
[[Page H15224]]
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''.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
the Virgin Islands (Mrs. Christensen) and the gentleman from Utah (Mr.
Bishop) each will control 20 minutes.
=========================== NOTE ===========================
On Page H15224, December 11, 2007, the following appeared: The
SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
the Virginia Islands (Mrs. Christensen) and the gentleman from
Utah (Mr. Bishop) each will control 20 minutes.
The online version should be corrected to read: The SPEAKER pro
tempore. Pursuant to the rule, the gentlewoman from the Virgin
Islands (Mrs. Christensen) and the gentleman from Utah (Mr.
Bishop) each will control 20 minutes.
========================= END NOTE =========================
The Chair recognizes the gentlewoman from the Virgin Islands.
=========================== NOTE ===========================
On Page H15224, December 11, 2007, the following appeared: The
Chair recognizes the gentlewoman from the Virginia Islands.
The online version should be corrected to read: The Chair
recognizes the gentlewoman from the Virgin Islands.
========================= END NOTE =========================
General Leave
Mrs. CHRISTENSEN. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from the Virgin Islands?
=========================== NOTE ===========================
On Page H15224, December 11, 2007, the following appeared: The
SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from the Virginia Islands?
The online version should be corrected to read: The SPEAKER pro
tempore. Is there objection to the request of the gentlewoman from
the Virgin Islands?
========================= END NOTE =========================
There was no objection.
Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may
consume.
H.R. 3079 is legislation which I introduced, along with Natural
Resources Chairman Nick Rahall, on July 18 of this year. The Insular
Subcommittee held two hearings on the matters addressed in this bill.
The first, in April, was an oversight hearing on the current
economic, social, and security conditions in the Northern Marianas. The
second, in August, was a legislative field hearing held in the CNMI. It
was the first time a congressional committee convened officially in the
U.S. territory.
H.R. 3079 responds to a number of outstanding issues that have been a
concern of this Congress, the people of the CNMI as well, and
successive administrations beginning with President Reagan. It is no
secret that beginning in the 1990s, the CNMI came under great criticism
for its immigration policies which left the territory with a
nationwide, if not also an international, reputation.
Undercover investigations by national media, reports by human rights
organizations, complaints received from foreign governments, and a
report issued by the former chairman and ranking member, George Miller,
detailed a miscarriage of CNMI immigration policy which left foreign
guest workers open to abuse by their employers.
Though congressional efforts to reform local immigration control
throughout the 1990s were unsuccessful, Congress was able to establish
a Federal ombudsman office in the islands to educate foreign guest
workers of their rights under both Federal and local laws and to
liaison between such populations and the CNMI government.
Today, national security is prominent to the argument to extend
Federal immigration laws to the CNMI. Located just 40 miles to the
south of the CNMI is Guam, her sister territory. As we know, since the
end of World War II, Pacific islands have played a significant role in
our strategy to secure our Nation. Most notable, however, amongst all
such islands is Guam, as it is the home to many military bases.
Currently, an agreement between the U.S. and Japan would add $15
billion to Guam's existing multi-billion-dollar military infrastructure
and would relocate to the island the Third Marine Expeditionary Forces,
comprising 8,000 active-duty soldiers, as well as the stationing of a
Global Hawk surveillance unit, the establishment of a U.S. Army air
defense battalion, and other operations critical to U.S. Naval regional
presence.
Guam has been described by military officials as the ``tip of the
spear.'' As both Guam and the CNMI make up the Mariana Islands chain,
if Guam is the ``tip of the spear,'' then the CNMI is part of the same
blade. If one would be interested in preserving national security, then
you would want to support this legislation.
Lastly, this legislation would provide a nonvoting delegate for the
only U.S. jurisdiction in our country without any form of
representation in Congress. Similar legislation has been favorably
reported by the Natural Resources Committee in three previous
Congresses and received no further consideration by the House. It is
time that we provide the same level of representation afforded to other
U.S. territories.
In closing, H.R. 3079 is legislation necessary on several fronts. The
bill would provide a stable immigration policy to rebuild the CNMI
economy, augment current efforts to diversify and strengthen the future
economy, increase the opportunities and skills of local residents to
fill private sector employment needs, safeguard the existing foreign
guest worker population from employer abuse, and secure the region in
the interest of national security and give the CNMI representation in
Congress.
Mr. Speaker, I reserve the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may
consume.
H.R. 3079, as amended, has received much support from the Bush
administration, as well as the Northern Marianas elected resident
representative, a Republican, Pedro Tenorio. Mr. Tenorio has worked
hard to bring forth a bill which has consensus from both sides of the
aisle.
This bill brings about unified border control and immigration to the
Marianas region, which will benefit our national security. In addition,
the bill will foster economic development on the islands by providing
local businesses and the military with ready access to labor to support
the tourist industry and military base construction.
I appreciate the assistance of our colleagues from the Judiciary
Committee. I believe that their efforts have helped to improve the
bill.
Mr. Speaker, I reserve the balance of my time.
Mrs. CHRISTENSEN. Mr. Speaker, I submit for the Congressional Record
Chairman Conyers' letter on behalf of the Judiciary Committee and
Chairman Rahall's letter on behalf of the Natural Resources Committee
regarding this legislation.
December 10, 2007.
Hon. Nick J. Rahall II,
Chairman, Committee on Natural Resources, U.S. House of
Representatives, Washington, DC.
Dear Chairman Rahall: This is to advise you that, as a
result of your agreeing to make requested revisions to
provisions in H.R. 3079, the Northern Mariana Islands
Covenant Implementation Act, that fall within the rule X
jurisdiction of the Committee on the Judiciary, we are able
to waive any sequential referral of the bill to our committee
in order that the bill may proceed without delay to the House
floor for consideration.
The Judiciary Committee takes this action with the
understanding that by foregoing consideration of H.R. 3079 at
this time, we do not waive any jurisdiction over subject
matter contained in this or similar legislation. We also
reserve the right to seek appointment of an appropriate
number of conferees to any House-Senate conference involving
this important legislation, and request your support if such
a request is made.
I would appreciate your including this letter in the
Congressional Record during consideration of the bill on the
House floor. Thank you for your attention to this request,
and for the cooperative relationship between our two
committees.
Sincerely,
John Conyers, Jr.,
Chairman, Committee on the Judiciary.
____
December 10, 2007.
Hon. John Conyers,
Chairman, Committee on the Judiciary, Washington, DC.
Dear Mr. Chairman: Thank you for your recent letter
regarding provisions of H.R. 3079, the Northern Marianas
Islands Covenant Implementation Act, that fall within the
jurisdiction of the Committee on the Judiciary. I appreciate
your willingness to waive sequential referral of the bill so
that it may proceed to the House floor for consideration
without delay.
I understand that this waiver is not intended to prejudice
any future jurisdictional claims over these provisions or
similar language. I also understand that you reserve the
right to seek to have conferees named from the Committee on
the Judiciary on these provisions, and would support such a
request if it were made.
[[Page H15225]]
This letter will be entered into the Congressional Record
during consideration of H.R. 3079 on the House floor. Thank
you for the cooperative spirit in which you have worked
regarding this matter and others between our respective
committees.
With warm regards, I am
Sincerely,
Nick J. Rahall II,
Chairman, Committee on Natural Resources.
Mr. Speaker, at this time I would like to yield 5 minutes to the
gentlewoman from Guam (Ms. Bordallo).
Ms. BORDALLO. I want to thank my good friend, the distinguished
gentlewoman from the Virgin Islands, for her hard work on this
legislation and for yielding me the time.
Mr. Speaker, I rise in full support of H.R. 3079. The bill represents
a very important opportunity for this Congress to advance the political
relationship between the United States and the Commonwealth of the
Northern Mariana Islands and its U.S. citizens, to strengthen homeland
security in the Western Pacific region, and to bring about needed
economic and labor reforms for the benefit of both the people of Guam
and the CNMI.
Mr. Speaker, I especially thank the chairwoman of the Subcommittee on
Insular Affairs, Mrs. Christensen, and the ranking member, Mr. Fortuno,
as well as Chairman Nick Rahall and Ranking Member Don Young of the
full committee, for working with me throughout this process to address
concerns important to my constituents and my district. I also thank the
chairman of the Committee on the Judiciary, Mr. Conyers, and the
Immigration Subcommittee chairwoman, Zoe Lofgren, for the assistance
that they have provided in addressing the bill's immigration
provisions. I also want to thank my dear friend Eni Faleomavaega of
American Samoa for his assistance.
Guam is geographically a part of the Mariana Islands chain, and we
share, Mr. Speaker, a common Chamorro heritage and culture. The
Northern Marianas is comprised of the 14 islands north of Guam, and
Guam is the southernmost of the Mariana Islands. I have traveled to the
Northern Marianas many times over the years and have witnessed our
communities on Guam and the CNMI advance both politically and
economically. I listened intently to the concerns and the views of the
community during the subcommittee's hearing held on Saipan in August.
Revisions were made to this bill based upon the input the subcommittee
received at the hearings on Guam and Saipan this summer and from
stakeholders in the weeks since those hearings.
{time} 1215
I want to highlight a few provisions important to Guam.
First is the establishment of a unified, regional visa waiver program
for both Guam and the CNMI. This program is to be modeled off of the
highly successful Guam-only visa waiver program which Congress
authorized in 1986. Our islands are marketed together in Asia as a
regional destination, and a unified program makes sense from a homeland
security and marketing viewpoint. Additionally, the bill allows for
sufficient flexibility to expand participation under the program in
future years.
Secondly, Mr. Speaker, the bill provides for important relief in
terms of ability to authorize entry of temporary skilled and unskilled
workers to Guam and the CNMI to meet the demands associated with the
military buildup and economic growth in the civilian sector in the
years ahead.
And finally, Mr. Speaker, I want to underscore my emphatic and strong
support for title II of this bill, which would provide for
representation for the people of the CNMI in this House of Congress. A
delegate from the CNMI would help Congress respond to the needs and
concerns of the people of the CNMI. A delegate or representative from
the CNMI is in keeping with the traditions of this House of Congress
and our American democratic form of government. A delegate from the
CNMI would aid us in our work to legislate on matters affecting the
CNMI and the insular areas. Up to this point, Mr. Speaker, I have been
representing the CNMI. This is long overdue, and it's unfair. We have
U.S. citizens living in a U.S. commonwealth without a voice in
Congress.
So, I urge my colleagues to right this wrong, and I urge my
colleagues to support this legislation.
Mr. BISHOP of Utah. Mr. Speaker, at this time I don't have anyone
coming down to speak on the bill, but I anticipate they may. So, until
the gentlelady is finished, I will continue to reserve my time.
Mrs. CHRISTENSEN. At this time, Mr. Speaker, I would like to yield 5
minutes to the former Chair and former ranking member of the Committee
on Natural Resources, George Miller.
Mr. GEORGE MILLER of California. I thank the gentlewoman for
yielding, and I want to congratulate her on this legislation.
This is an important piece of legislation, and I'm delighted that we
were able to work it out in the committee on a bipartisan basis. And I
want to thank all of the Members on both sides of the aisle.
Since the early 1990s, I've tried to bring legislation to the floor
of this Congress to reform the abusive labor practices and the broken
immigration policies of the Commonwealth of the Northern Mariana
Islands, an American territory in the Pacific.
I sought these changes so that we could put a stop to the well-
documented and widespread abuse of poor men and women in the garment
and tourism industry in the CNMI and to better secure America's
borders. But for more than a decade, a lobbyist by the name of Jack
Abramoff joined then-Majority Leader Tom Delay and others here in
Congress to block my reform efforts, even though they passed on a
bipartisan basis in the Senate and in the Senate committee twice.
Ten years ago this month, in fact, Tom Delay visited the Mariana
Islands and declared that our Federal reforms ``had no future'' as long
as he was in control of the House of Representatives, but there is a
new Congress in town. We have new Republican leadership and we have new
Democratic leadership, and we're moving quickly under the leadership of
the gentlewoman from the Virgin Islands to right the wrongs of the
past.
Earlier this year, we raised the minimum wage across the country, and
for the first time in almost a decade we gave the workers of the
Northern Marianas a raise as well. Thanks to that minimum wage
increase, workers in the Marianas make $3.55 an hour, up from barely $3
that workers were paid for these past years. And what's more, the
minimum wage will continue to rise in the CNMI until their wage is
equal to that of other American territories.
Today, my friend and committee colleague from the Virgin Islands has
brought this legislation to the floor to fix the other long-standing
problem in the CNMI. The broken local immigration program in the CNMI
has allowed unscrupulous recruiters to exploit and abuse thousands of
workers and their families, and it helped the CNMI's sweatshop-based
economy to persist for decades. The legislation we are considering
today brings the CNMI within the Federal immigration system so that we
can put an end to that exploitation and abuse. The bill was drafted by
the Bush administration and improved by the Natural Resources
Committee.
I want to congratulate Chairman Rahall and Chairwoman Donna
Christensen for bringing this legislation to the floor. As I said
earlier, I also want to thank Congressman Conyers, the chairman of the
Judiciary Committee, for helping to improve this. And I thank the
cooperation of the Republicans, Don Young, and the subcommittee of the
Resources Committee.
Today, Jack Abramoff is in prison and Tom Delay has resigned in
disgrace. And today we pass a bill that restores the human rights to
those individuals working in the CNMI. And today we strengthen the
borders of America.
With these two pieces of legislation soon to become law, the minimum
wage, which is already the law, and this legislation, to repair the
immigration, I think now we can comfortably consider and support the
notion of a delegate from the CNMI to the Congress. And I want to thank
the gentlewoman for her persistence, the gentlewoman from Guam, and the
gentleman from American Samoa for that effort. As they know, this is
legislation that I have been deeply concerned about for a
[[Page H15226]]
very, very long time that unfortunately brought about a lot of bad
practices in the CNMI. But I am convinced with this legislation that
we're doing the right thing, and we can open a new chapter, hopefully,
of economic prosperity and of representation for the CNMI in the
Congress of the United States.
And again, I thank the gentlewoman very much for your tireless effort
on this legislation.
Mrs. CHRISTENSEN. Thank you, Chairman Miller.
Mr. Speaker, might I inquire as to how much time remains?
The SPEAKER pro tempore. The gentlewoman has 8 minutes remaining.
Mrs. CHRISTENSEN. Mr. Speaker, at this time, I yield 5 minutes to the
gentleman from American Samoa (Mr. Faleomavaega).
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. I want to thank the gentlelady from the Virgin
Islands, our distinguished chairman of our Insular Affairs
Subcommittee, Mrs. Christensen, for allowing me to speak concerning
this legislation.
Mr. Speaker, I rise in full support of H.R. 3079, and I want to
commend the chairman of our committee, Mr. Nick Rahall, and also the
chairlady of our Insular Affairs Subcommittee, Mrs. Donna Christensen,
for their leadership and service, and above all, their commitment and
willingness to go through some of the provisions in the bill which I
have concerns with.
Mr. Speaker, I also want to thank the gentleman, former chairman of
the Natural Resources Committee and now chairman of our Education and
Labor Committee, the gentleman from California, my good friend, Mr.
Miller, not only for his leadership, but throughout the years that he
has been very diligent in bringing attention to our colleagues and our
Nation about the serious problems involving the situation there in the
Northern Mariana Islands.
I recall distinctly that because of the violations of Federal labor
laws, the garment factories that were instituted by this one gentleman
that was fined by some $9 million, just to show without even
questioning or even taking the matter to court some of the problems
that we had faced within the CNMI.
Mr. Speaker, I support the concerns of the administration and House
Members supporting the bill, but we should also be mindful that there
is a GAO study currently under way in reviewing CNMI's immigration
problems that hopefully will shed more light on the current situation
in CNMI. It is my sincere hope that the GAO study will give us more
information on CNMI's overall economic and political development, and
the bill we're about to pass will complement the findings of the GAO
report that will be completed in the near future.
Mr. Speaker, we ought not to put the blame on the current
administration, Governor Ben Fitial, for the failures and misdeeds of
his predecessors. Since becoming Governor of CNMI, Governor Fitial has
addressed several concerns that had plagued previous administrations.
For example, with the closures of most of the government factories in
CNMI, the number of alien guest workers has declined from its peak of
about 30,000 now to about 20,000 by the end of this year. This will
further decrease to about 15,000 by next year.
Governor Fitial has instituted an effective and fair system for
handling complaints by alien guest workers. The new system implemented
by the Governor has eliminated a backlog of some 3,400 pending labor
cases carried over from previous administrations.
Under Governor Fitial's administration, the CNMI Government has
implemented a new computerized system for tracking arrivals and
departures of alien guest workers, leading to a more effective control
of CNMI's immigration problems.
I am especially pleased, Mr. Speaker, for the removal of a certain
provision that would have legalized the status of illegal overstayers
in CNMI. I want to thank Chairman Rahall, Chairwoman Christensen and
Ranking Member Don Young for the spirit of bipartisanship that has
authorized CNMI to also have a delegate in the U.S. Congress, as stated
in the bill. I cannot stress enough the importance of the unique
political relationship between the United States and CNMI, especially
in the interest of our national security. The significance of this
political relationship has elevated since the closures of the Clarke
Air Force Base and our Naval Base in Subic Bay in the Philippines.
I cannot help but mention the name of the late Congressman Phil
Burton, Mr. Speaker, who played a most critical role in the development
of this unique political relationship between CNMI and the United
States. Furthermore, the pending transfer of some 9,000 U.S. marines
and their families from Okinawa to Guam, and likely also to CNMI, has
made this relationship even more critical and important to our
strategic and military interests in this region of the world.
Overall, we have a very important military interest in these islands,
and our Nation is grateful that Guam and CNMI are members of our
American family.
I urge my colleagues to support this legislation.
Mrs. CHRISTENSEN. Mr. Speaker, H.R. 3079 is supported by the
administration and also received bipartisan support during
consideration by the Natural Resources Committee. In addition, since
reporting the measure, our committee has worked very closely with the
House Judiciary Committee, as you've heard, to address other concerns.
I want to take this opportunity to thank Chairman Rahall for making
this issue a priority at the start of this Congress, as well as thank
our ranking member, Mr. Young. And we appreciate the collaboration of
our colleagues on the Judiciary Committee, Chairman Conyers, Ranking
Member Smith and Subcommittee Chairman Lofgren and Ranking Member King,
as well as the Judiciary Committee staff.
At this time, Mr. Speaker, I reserve the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, I understand that we have another
speaker who wishes to come here, so I appreciate this opportunity just
to say a short word on behalf of this bill. And I appreciate the many
speakers who have spoken already who have spoken to the bipartisan
nature in which this bill has proceeded.
At this time, I think we need to thank the Judiciary Committee, and I
believe the chairman wishes to say something about this particular
bill, for the way in which they've worked in a bipartisan way. I am
also very grateful to be a part of the Natural Resources Committee,
which I think has worked in a bipartisan way to present this bill.
I have to admit that the only thing that would really make me happier
is if we were discussing this bill in October rather than this close to
Christmas. But other than that, I am very much appreciative of those
people who worked for this bill, especially the administration, who is
supportive of it, and the resident representative from this particular
area.
I reserve the balance of my time.
Mrs. CHRISTENSEN. Mr. Speaker, I yield such time as he may consume to
the gentleman from Michigan (Mr. Conyers).
Mr. CONYERS. I thank the Speaker and the leaders, the floor managers
on this provision. I want to thank first of all the ranking member,
Lamar Smith; the Chair of the Immigration Subcommittee on the Judiciary
Committee, Zoe Lofgren; and in particular, my friend, Chairman Nick
Rahall of the Natural Resources Committee because we have all worked
together in making important refinements to the bill. There was a great
deal of cooperation.
As it is now clear, what we are dealing with now is the fact that the
minimum wage question, the immigration standards, and the taxes to the
islands are of great consequence. I commend all of my colleagues here
this afternoon for the tremendous work that has occurred.
Labor unions and human rights groups have long called attention to
these abuses. And both the Clinton and Bush administration Justice
Departments have brought prosecutions under the 13th amendment.
I do also want to commend this administration for the excellent work
they have done in this regard.
The decision in the 1976 Covenant establishing the Commonwealth of
the Northern Mariana Islands to leave decisions on minimum wages,
immigration standards, and
[[Page H15227]]
taxes to the Islands has had tragic consequences.
Wide-open guestworker programs, and utter lack of basic labor
protections, turned the Northern Marianas into a haven for sweatshops.
But modern slavery didn't just occur by day, in the garment factories.
It also occurred by night, as cruel brothel owners used deceit and
brutality to gratify the demand for prostitutes.
Labor unions and human rights groups have long called attention to
these abuses, and both the Clinton and Bush Administration Justice
Departments have brought prosecutions under the Thirteenth Amendment
against some of the most notorious offenders. But these efforts have
been blunted at every turn by the factory owners and their high-paid
lobbyists.
A more fundamental effort is clearly needed, and long overdue, and
this legislation will finally provide it. It brings the Commonwealth
under the Immigration and Nationality Act, with a balanced approach
that will help the Islands through the transition. Workers in the
Islands will no longer be kept in the shadows, where they have been too
readily prey to abuse.
We can see how this effort is already having a result. Just this
weekend on Saipan, as many as 15,000 workers and their supporters
marched for unity and justice. Fifteen thousand marched on an island of
only 60,000 people. We owe it to them to act.
The fundamental immigration policy and human freedom issues at stake
are of obvious importance to the Judiciary Committee, and I deeply
appreciate the openness of the Natural Resources Committee, under the
leadership of Chairman Rahall, in working with us on important
refinements to the bill.
Immigration Subcommittee Chair Zoe Lofgren and I have also had
tremendous help from Ranking Member Lamar Smith, in making these
improvements in a bipartisan fashion. Finally, I would like to thank
the Administration for its constructive role in bringing us to this
point.
Ms. ZOE LOFGREN of California. Mr. Speaker, H.R. 3079 would apply the
Nation's immigration laws to the Commonwealth of the Northern Mariana
Islands (CNMI). For too long, the CNMI has managed its own immigration
system outside of the constraints and protections of Federal law. The
result has been a massive influx of exploited workers and victims of
human trafficking, with concomitant increases in sex slavery and other
abusive labor practices.
Recent investigations and prosecutions have uncovered terrible
stories of enslavement and forced labor. Thousands of young women and
girls lured to the CNMI with promises of good jobs with good pay only
to be enslaved and forced into prostitution. Others forced to toil in
harsh conditions and for little money in garment sweatshops, made
profitable by their ability to exploit cheap labor yet still use the
``Made in the USA'' label.
And to understand the depth of the problem, one only has to look at
the statistics. For years, foreign workers have actually outnumbered
the indigenous population. It is like the United States bringing in
over 300 million foreign workers to the mainland, without giving them
any rights or protections.
We have known about these problems since the 1990s, but we have done
nothing about them. It is time to change that. H.R. 3079 would extend
the protections of the country's immigration laws to the CNMI, using a
balanced approach that takes into account the CNMI's vulnerable economy
as well as past abuses. It would reign in the islands' lax immigration
policies while appropriately considering the labor needs of legitimate
businesses. It would also provide for a regional visa waiver program
along with Guam, which would provide both increased security and the
tourists needed to help sustain the economies of both territories.
This bill is strongly needed to break from the abuses of the past. It
is backed by the Administration, and it has bipartisan support in the
House and Senate.
I want to thank Chairman Rahall of the Natural Resources Committee
and Chairwoman Christensen of the Subcommittee on Insular Affairs for
caring deeply about this issue and shepherding this bill through
Congress. I also want to thank Chairman Conyers for his leadership, as
well as Mr. Lamar Smith, the ranking member of the Judiciary Committee,
for working with us in a bipartisan fashion to improve the bill. I urge
its passage.
Mr. RAHALL. Mr. Speaker, I rise in strong support of H.R. 3079, a
bill which would extend U.S. immigration laws to the Commonwealth of
the Northern Mariana Islands and also authorize a non-voting Delegate
from the Northern Marianas to the U.S. House of Representatives.
At the start of the 110th Congress, as the Chairman of the Natural
Resources Committee, I set out an agenda which included revisiting the
CNMI's control and enforcement over immigration policy. Many in this
House will recall that for at least two decades, our government and
this Congress expressed our concerns with how immigration policy in the
CNMI was envisioned and implemented.
When the Northern Marianas was transitioned from being a trust
territory of the United Nations to a U.S. territory under our stars and
stripes, temporary control over immigration and minimum wage laws were
placed in the hands of the new local government. This was done in light
of their small, mostly indigenous, population and their undeveloped
economy. Their control was never meant to be a permanent fixture of
their government.
Throughout the 1990s the CNMI economy grew by taking advantage of its
control over immigration and wage policy. A garment industry, much of
it owned by nationals of China, saw fit to make the CNMI their new
home. In so doing, the industry was able to fill practically every
position in their operations with a foreign worker at a minimal cost to
their operations.
In 2000, garment exports from the CNMI to the U.S. were estimated to
be worth about $1 billion annually. To support this industry, the U.S.
Census estimated the foreign guest worker population at 40,000
outnumbering the local population by at least 10,000 and because of lax
protections of foreign guest workers under CNMI law many were subject
to abuses by their employers. Much of this abuse had been documented by
our national media, human rights organizations, and our Committee's
former Chairman George Miller.
In that decade of the 90s and into the 21st century, despite the
clear need to reform the system in the CNMI, any attempts at extending
U.S. immigration law or minimum wage laws were met with resistance in
Congress.
I loathe thinking that Members of this body would want such a system
to flourish. Or that anyone would view what occurred in the CNMI as an
economic experiment, grown in a ``petri dish'' because of the CNMI's
distance and relative isolation from the U.S. mainland.
Mr. Speaker, with the enactment of H.R. 3079, the dismal and
degrading decade of the 90's will be put to rest--never to repeat
itself again.
H.R. 3079 would also authorize a non-voting Delegate from the CNMI to
be a Member of the House of Representatives. In previous Congresses,
similar legislation has passed the Natural Resources Committee more
than once and with broad bipartisan support. This goodwill and
collaboration has continued in this Congress with the inclusion of the
Northern Mariana Island Delegate Act as Title II of H.R. 3079.
Mr. Speaker, I commend the gentle lady from the Virgin Islands, Mrs.
Christensen, for her leadership throughout this process. As the
chairman of Subcommittee on Insular Affairs, she took on this very
complex issue at the start of this Congress. Her Subcommittee has been
very active on this issue and made every attempt to address concerns
raised by different interests in the CNMI before bringing this
legislation to the Floor.
I would also like to thank the leadership of the Judiciary Committee
who collaborated with us on this legislation. We do appreciate their
involvement with this bill and their constructive input as we prepared
to have it considered under the suspension calendar.
I support H.R. 3079 and urge its passage.
Mr. BISHOP of Utah. Having no other speakers on our side, I yield
back the balance of my time.
Mrs. CHRISTENSEN. Mr. Speaker, I yield back the balance of my time
and I urge my colleagues to pass H.R. 3079.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from the Virgin Islands (Mrs. Christensen) that the House
suspend the rules and pass the bill, H.R. 3079, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title was amended so as to read: ``A bill to amend the joint
resolution that approved the covenant establishing the Commonwealth of
the Northern Mariana Islands, and for other purposes''.
A motion to reconsider was laid on the table.
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