[Congressional Record (Bound Edition), Volume 153 (2007), Part 25]
[House]
[Pages 33654-33663]
[From the U.S. 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

[[Page 33655]]

     potential for future economic and business growth by--
       (A) encouraging diversification and growth of the economy 
     of the Commonwealth in accordance with fundamental values 
     underlying Federal immigration policy;
       (B) recognizing local self-government, as provided for in 
     the Covenant To Establish a Commonwealth of the Northern 
     Mariana Islands in Political Union With the United States of 
     America through consultation with the Governor of the 
     Commonwealth;
       (C) assisting the Commonwealth in achieving a progressively 
     higher standard of living for citizens of the Commonwealth 
     through the provision of technical and other assistance;
       (D) providing opportunities for individuals authorized to 
     work in the United States, including citizens of the freely 
     associated states; and
       (E) providing a mechanism for the continued use of alien 
     workers, to the extent those workers continue to be necessary 
     to supplement the Commonwealth's resident workforce, and to 
     protect those workers from the potential for abuse and 
     exploitation.
       (b) Avoiding Adverse Effects.--In recognition of the 
     Commonwealth's unique economic circumstances, history, and 
     geographical location, it is the intent of the Congress that 
     the Commonwealth be given as much flexibility as possible in 
     maintaining existing businesses and other revenue sources, 
     and developing new economic opportunities, consistent with 
     the mandates of this title. This title, and the amendments 
     made by this title, should be implemented wherever possible 
     to expand tourism and economic development in the 
     Commonwealth, including aiding prospective tourists in 
     gaining access to the Commonwealth's memorials, beaches, 
     parks, dive sites, and other points of interest.

     SEC. 103. IMMIGRATION REFORM FOR THE COMMONWEALTH.

       (a) Amendment to Joint Resolution Approving Covenant 
     Establishing Commonwealth of the Northern Mariana Islands.--
     The Joint Resolution entitled ``A Joint Resolution to approve 
     the `Covenant To Establish a Commonwealth of the Northern 
     Mariana Islands in Political Union with the United States of 
     America', and for other purposes'', approved March 24, 1976 
     (Public Law 94-241; 90 Stat. 263), is amended by adding at 
     the end the following new section:

     ``SEC. 6. IMMIGRATION AND TRANSITION.

       ``(a) Application of the Immigration and Nationality Act 
     and Establishment of a Transition Program.--
       ``(1) In general.--Subject to paragraphs (2) and (3), 
     effective on the first day of the first full month commencing 
     1 year after the date of the enactment of the Northern 
     Mariana Islands Immigration, Security, and Labor Act 
     (hereafter referred to as the `transition program effective 
     date'), the provisions of the `immigration laws' (as defined 
     in section 101(a)(17) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(17))) shall apply to the Commonwealth of 
     the Northern Mariana Islands (referred to in this section as 
     the `Commonwealth'), except as otherwise provided in this 
     section.
       ``(2) Transition period.--There shall be a transition 
     period beginning on the transition program effective date and 
     ending on December 31, 2013, except as provided in 
     subsections (b) and (d), during which the Secretary of 
     Homeland Security, in consultation with the Secretary of 
     State, the Attorney General, the Secretary of Labor, and the 
     Secretary of the Interior, shall establish, administer, and 
     enforce a transition program to regulate immigration to the 
     Commonwealth, as provided in this section (hereafter referred 
     to as the `transition program').
       ``(3) Delay of commencement of transition period.--
       ``(A) In general.--The Secretary of Homeland Security, in 
     the Secretary's sole discretion, in consultation with the 
     Secretary of the Interior, the Secretary of Labor, the 
     Secretary of State, the Attorney General, and the Governor of 
     the Commonwealth, may determine that the transition program 
     effective date be delayed for a period not to exceed more 
     than 180 days after such date.
       ``(B) Congressional notification.--The Secretary of 
     Homeland Security shall notify the Congress of a 
     determination under subparagraph (A) not later than 30 days 
     prior to the transition program effective date.
       ``(C) Congressional review.--A delay of the transition 
     program effective date shall not take effect until 30 days 
     after the date on which the notification under subparagraph 
     (B) is made.
       ``(4) Requirement for regulations.--The transition program 
     shall be implemented pursuant to regulations to be 
     promulgated, as appropriate, by the head of each agency or 
     department of the United States having responsibilities under 
     the transition program.
       ``(5) Interagency agreements.--The Secretary of Homeland 
     Security, the Secretary of State, the Secretary of Labor, and 
     the Secretary of the Interior shall negotiate and implement 
     agreements among their agencies to identify and assign their 
     respective duties so as to ensure timely and proper 
     implementation of the provisions of this section. The 
     agreements should address, at a minimum, procedures to ensure 
     that Commonwealth employers have access to adequate labor, 
     and that tourists, students, retirees, and other visitors 
     have access to the Commonwealth without unnecessary delay or 
     impediment. The agreements may also allocate funding between 
     the respective agencies tasked with various responsibilities 
     under this section.
       ``(6) Certain education funding.--In addition to fees 
     charged pursuant to section 286(m) of the Immigration and 
     Nationality Act (8 U.S.C. 1356(m)) to recover the full costs 
     of providing adjudication services, the Secretary of Homeland 
     Security shall charge an annual supplemental fee of $150 per 
     nonimmigrant worker to each prospective employer who is 
     issued a permit under subsection (d) of this section during 
     the transition period. Such supplemental fee shall be paid 
     into the Treasury of the Commonwealth government for the 
     purpose of funding ongoing vocational educational curricula 
     and program development by Commonwealth educational entities.
       ``(7) Asylum.--Section 208 of the Immigration and 
     Nationality Act (8 U.S.C. 1158) shall not apply during the 
     transition period to persons physically present in the 
     Commonwealth or arriving in the Commonwealth (whether or not 
     at a designated port of arrival), including persons brought 
     to the Commonwealth after having been interdicted in 
     international or United States waters.
       ``(b) Numerical Limitations for Nonimmigrant Workers.--An 
     alien, if otherwise qualified, may seek admission to Guam or 
     to the Commonwealth during the transition program as a 
     nonimmigrant worker under section 101(a)(15)(H) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) 
     without counting against the numerical limitations set forth 
     in section 214(g) of such Act (8 U.S.C. 1184(g)). This 
     subsection does not apply to any employment to be performed 
     outside of Guam or the Commonwealth. Not later than 3 years 
     following the transition program effective date, the 
     Secretary of Homeland Security shall issue a report to the 
     Committee on Energy and Natural Resources and the Committee 
     on the Judiciary of the Senate and the Committee on Natural 
     Resources and the Committee on the Judiciary of the House of 
     Representatives projecting the number of asylum claims the 
     Secretary anticipates following the termination of the 
     transition period, the efforts the Secretary has made to 
     ensure appropriate interdiction efforts, provide for 
     appropriate treatment of asylum seekers, and prepare to 
     accept and adjudicate asylum claims in the Commonwealth.
       ``(c) Nonimmigrant Investor Visas.--
       ``(1) In general.--Notwithstanding the treaty requirements 
     in section 101(a)(15)(E) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(15)(E)), during the transition period, 
     the Secretary of Homeland Security may, upon the application 
     of an alien, classify an alien as a CNMI-only nonimmigrant 
     under section 101(a)(15)(E)(ii) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(E)(ii)) if the alien--
       ``(A) has been admitted to the Commonwealth in long-term 
     investor status under the immigration laws of the 
     Commonwealth before the transition program effective date;
       ``(B) has continuously maintained residence in the 
     Commonwealth under long-term investor status;
       ``(C) is otherwise admissible; and
       ``(D) maintains the investment or investments that formed 
     the basis for such long-term investor status.
       ``(2) Requirement for regulations.--Not later than 60 days 
     before the transition program effective date, the Secretary 
     of Homeland Security shall publish regulations in the Federal 
     Register to implement this subsection.
       ``(d) Special Provision to Ensure Adequate Employment; 
     Commonwealth Only Transitional Workers.--An alien who is 
     seeking to enter the Commonwealth as a nonimmigrant worker 
     may be admitted to perform work during the transition period 
     subject to the following requirements:
       ``(1) Such an alien shall be treated as a nonimmigrant 
     described in section 101(a)(15) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)), including the ability 
     to apply, if otherwise eligible, for a change of nonimmigrant 
     classification under section 248 of such Act (8 U.S.C. 1258) 
     or adjustment of status under this section and section 245 of 
     such Act (8 U.S.C. 1255).
       ``(2) The Secretary of Homeland Security shall establish, 
     administer, and enforce a system for allocating and 
     determining the number, terms, and conditions of permits to 
     be issued to prospective employers for each such nonimmigrant 
     worker described in this subsection who would not otherwise 
     be eligible for admission under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.). In adopting and 
     enforcing this system, the Secretary shall also consider, in 
     good faith and not later than 30 days after receipt by the 
     Secretary, any comments and advice submitted by the Governor 
     of the Commonwealth. This system shall provide for a 
     reduction in the allocation of permits for such workers on an 
     annual basis, to zero, during a period not to extend beyond 
     December 31, 2013, unless extended pursuant to paragraph 5 of 
     this subsection, and shall take into account the number of 
     petitions granted under subsection (i). In no event shall a 
     permit be valid beyond the expiration of the transition

[[Page 33656]]

     period. This system may be based on any reasonable method and 
     criteria determined by the Secretary of Homeland Security to 
     promote the maximum use of, and to prevent adverse effects on 
     wages and working conditions of, workers authorized to be 
     employed in the United States, including lawfully admissible 
     freely associated state citizen labor. No alien shall be 
     granted nonimmigrant classification or a visa under this 
     subsection unless the permit requirements established under 
     this paragraph have been met.
       ``(3) The Secretary of Homeland Security shall set the 
     conditions for admission of such an alien under the 
     transition program, and the Secretary of State shall 
     authorize the issuance of nonimmigrant visas for such an 
     alien. Such a visa shall not be valid for admission to the 
     United States, as defined in section 101(a)(38) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(38)), 
     except admission to the Commonwealth. An alien admitted to 
     the Commonwealth on the basis of such a visa shall be 
     permitted to engage in employment only as authorized pursuant 
     to the transition program.
       ``(4) Such an alien shall be permitted to transfer between 
     employers in the Commonwealth during the period of such 
     alien's authorized stay therein, without permission of the 
     employee's current or prior employer, within the alien's 
     occupational category or another occupational category the 
     Secretary of Homeland Security has found requires alien 
     workers to supplement the resident workforce.
       ``(5)(A) Not later than 180 days prior to the expiration of 
     the transition period, or any extension thereof, the 
     Secretary of Labor, in consultation with the Secretary of 
     Homeland Security, the Secretary of the Interior, and the 
     Governor of the Commonwealth, shall ascertain the current and 
     anticipated labor needs of the Commonwealth and determine 
     whether an extension of up to 5 years of the provisions of 
     this subsection is necessary to ensure an adequate number of 
     workers will be available for legitimate businesses in the 
     Commonwealth. For the purpose of this subparagraph, a 
     business shall not be considered legitimate if it engages 
     directly or indirectly in prostitution, trafficking in 
     minors, or any other activity that is illegal under Federal 
     or local law. The determinations of whether a business is 
     legitimate and to what extent, if any, it may require alien 
     workers to supplement the resident workforce, shall be made 
     by the Secretary of Homeland Security, in the Secretary's 
     sole discretion.
       ``(B) If the Secretary of Labor determines that such an 
     extension is necessary to ensure an adequate number of 
     workers for legitimate businesses in the Commonwealth, the 
     Secretary of Labor may, through notice published in the 
     Federal Register, provide for an additional extension period 
     of up to 5 years.
       ``(C) In making the determination of whether alien workers 
     are necessary to ensure an adequate number of workers for 
     legitimate businesses in the Commonwealth, and if so, the 
     number of such workers that are necessary, the Secretary of 
     Labor may consider, among other relevant factors--
       ``(i) government, industry, or independent workforce 
     studies reporting on the need, or lack thereof, for alien 
     workers in the Commonwealth's businesses;
       ``(ii) the unemployment rate of United States citizen 
     workers residing in the Commonwealth;
       ``(iii) the unemployment rate of aliens in the Commonwealth 
     who have been lawfully admitted for permanent residence;
       ``(iv) the number of unemployed alien workers in the 
     Commonwealth;
       ``(v) any good faith efforts to locate, educate, train, or 
     otherwise prepare United States citizen residents, lawful 
     permanent residents, and unemployed alien workers already 
     within the Commonwealth, to assume those jobs;
       ``(vi) any available evidence tending to show that United 
     States citizen residents, lawful permanent residents, and 
     unemployed alien workers already in the Commonwealth are not 
     willing to accept jobs of the type offered;
       ``(vii) the extent to which admittance of alien workers 
     will affect the compensation, benefits, and living standards 
     of existing workers within those industries and other 
     industries authorized to employ alien workers; and
       ``(viii) the prior use, if any, of alien workers to fill 
     those industry jobs, and whether the industry requires alien 
     workers to fill those jobs.
       ``(6) The Secretary of Homeland Security may authorize the 
     admission of a spouse or minor child accompanying or 
     following to join a worker admitted pursuant to this 
     subsection.
       ``(e) Persons Lawfully Admitted Under the Commonwealth 
     Immigration Law.--
       ``(1) Prohibition on removal.--
       ``(A) In general.--Subject to subparagraph (B), no alien 
     who is lawfully present in the Commonwealth pursuant to the 
     immigration laws of the Commonwealth on the transition 
     program effective date shall be removed from the United 
     States on the grounds that such alien's presence in the 
     Commonwealth is in violation of section 212(a)(6)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(A)), 
     until the earlier of the date--
       ``(i) of the completion of the period of the alien's 
     admission under the immigration laws of the Commonwealth; or
       ``(ii) that is 2 years after the transition program 
     effective date.
       ``(B) Limitations.--Nothing in this subsection shall be 
     construed to prevent or limit the removal under subparagraph 
     212(a)(6)(A) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(6)(A)) of such an alien at any time, if the alien 
     entered the Commonwealth after the date of the enactment of 
     the Northern Mariana Islands Immigration, Security, and Labor 
     Act, and the Secretary of Homeland Security has determined 
     that the Government of the Commonwealth has violated section 
     103(i) of the Northern Mariana Islands Immigration, Security, 
     and Labor Act.
       ``(2) Employment authorization.--An alien who is lawfully 
     present and authorized to be employed in the Commonwealth 
     pursuant to the immigration laws of the Commonwealth on the 
     transition program effective date shall be considered 
     authorized by the Secretary of Homeland Security to be 
     employed in the Commonwealth until the earlier of the date--
       ``(A) of expiration of the alien's employment authorization 
     under the immigration laws of the Commonwealth; or
       ``(B) that is 2 years after the transition program 
     effective date.
       ``(3) Registration.--The Secretary of Homeland Security may 
     require any alien present in the Commonwealth on or after the 
     transition period effective date to register with the 
     Secretary in such a manner, and according to such schedule, 
     as he may in his discretion require. Paragraphs (1) and (2) 
     of this subsection shall not apply to any alien who fails to 
     comply with such registration requirement. Notwithstanding 
     any other law, the Government of the Commonwealth shall 
     provide to the Secretary all Commonwealth immigration records 
     or other information that the Secretary deems necessary to 
     assist the implementation of this paragraph or other 
     provisions of the Northern Mariana Islands Immigration, 
     Security, and Labor Act. Nothing in this paragraph shall 
     modify or limit section 262 of the Immigration and 
     Nationality Act (8 U.S.C. 1302) or other provision of the 
     Immigration and Nationality Act relating to the registration 
     of aliens.
       ``(4) Removable aliens.--Except as specifically provided in 
     paragraph (1)(A) of this subsection, nothing in this 
     subsection shall prohibit or limit the removal of any alien 
     who is removable under the Immigration and Nationality Act.
       ``(5) Prior orders of removal.--The Secretary of Homeland 
     Security may execute any administratively final order of 
     exclusion, deportation or removal issued under authority of 
     the immigration laws of the United States before, on, or 
     after the transition period effective date, or under 
     authority of the immigration laws of the Commonwealth before 
     the transition period effective date, upon any subject of 
     such order found in the Commonwealth on or after the 
     transition period effective date, regardless whether the 
     alien has previously been removed from the United States or 
     the Commonwealth pursuant to such order.
       ``(f) Effect on Other Laws.--The provisions of this section 
     and of the immigration laws, as defined in section 101(a)(17) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(17)), shall, on the transition program effective 
     date, supersede and replace all laws, provisions, or programs 
     of the Commonwealth relating to the admission of aliens and 
     the removal of aliens from the Commonwealth.
       ``(g) Accrual of Time for Purposes of Section 212(a)(9)(B) 
     of the Immigration and Nationality Act.--No time that an 
     alien is present in the Commonwealth in violation of the 
     immigration laws of the Commonwealth shall be counted for 
     purposes of inadmissibility under section 212(a)(9)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)).
       ``(h) Report on Nonresident Guestworker Population.--The 
     Secretary of the Interior, in consultation with the Secretary 
     of Homeland Security, and the Governor of the Commonwealth, 
     shall report to the Congress not later than 2 years after the 
     date of the enactment of the Northern Mariana Islands 
     Immigration, Security, and Labor Act. The report shall 
     include--
       ``(1) the number of aliens residing in the Commonwealth;
       ``(2) a description of the legal status (under Federal law) 
     of such aliens;
       ``(3) the number of years each alien has been residing in 
     the Commonwealth;
       ``(4) the current and future requirements of the 
     Commonwealth economy for an alien workforce; and
       ``(5) such recommendations to the Congress, as the 
     Secretary may deem appropriate, related to whether or not the 
     Congress should consider permitting lawfully admitted guest 
     workers lawfully residing in the Commonwealth on such 
     enactment date to apply for long-term status under the 
     immigration and nationality laws of the United States.''.
       (b) Waiver of Requirements for Nonimmigrant Visitors.--The 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended--
       (1) in section 214(a)(1) (8 U.S.C. 1184(a)(1))--
       (A) by striking ``Guam'' each place such term appears and 
     inserting ``Guam or the

[[Page 33657]]

     Commonwealth of the Northern Mariana Islands''; and
       (B) by striking ``fifteen'' and inserting ``45'';
       (2) in section 212(a)(7)(B) (8 U.S.C. 1182(a)(7)(B)), by 
     amending clause (iii) to read as follows:
       ``(iii) Guam and northern mariana islands visa waiver.--For 
     provision authorizing waiver of clause (i) in the case of 
     visitors to Guam or the Commonwealth of the Northern Mariana 
     Islands, see subsection (l).''; and
       (3) by amending section 212(l) (8 U.S.C. 1182(l)) to read 
     as follows:
       ``(l) Guam and Northern Mariana Islands Visa Waiver 
     Program.--
       ``(1) In general.--The requirement of subsection 
     (a)(7)(B)(i) may be waived by the Secretary of Homeland 
     Security, in the case of an alien applying for admission as a 
     nonimmigrant visitor for business or pleasure and solely for 
     entry into and stay in Guam or the Commonwealth of the 
     Northern Mariana Islands for a period not to exceed 45 days, 
     if the Secretary of Homeland Security, after consultation 
     with the Secretary of the Interior, the Secretary of State, 
     the Governor of Guam and the Governor of the Commonwealth of 
     the Northern Mariana Islands, determines that--
       ``(A) an adequate arrival and departure control system has 
     been developed in Guam and the Commonwealth of the Northern 
     Mariana Islands; and
       ``(B) such a waiver does not represent a threat to the 
     welfare, safety, or security of the United States or its 
     territories and commonwealths.
       ``(2) Alien waiver of rights.--An alien may not be provided 
     a waiver under this subsection unless the alien has waived 
     any right--
       ``(A) to review or appeal under this Act an immigration 
     officer's determination as to the admissibility of the alien 
     at the port of entry into Guam or the Commonwealth of the 
     Northern Mariana Islands; or
       ``(B) to contest, other than on the basis of an application 
     for withholding of removal under section 241(b)(3) of this 
     Act or under the Convention Against Torture, or an 
     application for asylum if permitted under section 208, any 
     action for removal of the alien.
       ``(3) Regulations.-- All necessary regulations to implement 
     this subsection shall be promulgated by the Secretary of 
     Homeland Security, in consultation with the Secretary of the 
     Interior and the Secretary of State, on or before the 180th 
     day after the date of the enactment of the Northern Mariana 
     Islands Immigration, Security, and Labor Act. The 
     promulgation of such regulations shall be considered a 
     foreign affairs function for purposes of section 553(a) of 
     title 5, United States Code. At a minimum, such regulations 
     should include, but not necessarily be limited to--
       ``(A) a listing of all countries whose nationals may obtain 
     the waiver also provided by this subsection, except that such 
     regulations shall provide for a listing of any country from 
     which the Commonwealth has received a significant economic 
     benefit from the number of visitors for pleasure within the 
     one-year period preceding the date of the enactment of the 
     Northern Mariana Islands Immigration, Security, and Labor 
     Act, unless the Secretary of Homeland Security determines 
     that such country's inclusion on such list would represent a 
     threat to the welfare, safety, or security of the United 
     States or its territories; and
       ``(B) any bonding requirements for nationals of some or all 
     of those countries who may present an increased risk of 
     overstays or other potential problems, if different from such 
     requirements otherwise provided by law for nonimmigrant 
     visitors.
       ``(4) Factors.--In determining whether to grant or continue 
     providing the waiver under this subsection to nationals of 
     any country, the Secretary of Homeland Security, in 
     consultation with the Secretary of the Interior and the 
     Secretary of State, shall consider all factors that the 
     Secretary deems relevant, including electronic travel 
     authorizations, procedures for reporting lost and stolen 
     passports, repatriation of aliens, rates of refusal for 
     nonimmigrant visitor visas, overstays, exit systems, and 
     information exchange.
       ``(5) Suspension.--The Secretary of Homeland Security shall 
     monitor the admission of nonimmigrant visitors to Guam and 
     the Commonwealth of the Northern Mariana Islands under this 
     subsection. If the Secretary determines that such admissions 
     have resulted in an unacceptable number of visitors from a 
     country remaining unlawfully in Guam or the Commonwealth of 
     the Northern Mariana Islands, unlawfully obtaining entry to 
     other parts of the United States, or seeking withholding of 
     removal or asylum, or that visitors from a country pose a 
     risk to law enforcement or security interests of Guam or the 
     Commonwealth of the Northern Mariana Islands or of the United 
     States (including the interest in the enforcement of the 
     immigration laws of the United States), the Secretary shall 
     suspend the admission of nationals of such country under this 
     subsection. The Secretary of Homeland Security may in the 
     Secretary's discretion suspend the Guam and Northern Mariana 
     Islands visa waiver program at any time, on a country-by-
     country basis, for other good cause.
       ``(6) Addition of countries.--The Governor of Guam and the 
     Governor of the Commonwealth of the Northern Mariana Islands 
     may request the Secretary of the Interior and the Secretary 
     of Homeland Security to add a particular country to the list 
     of countries whose nationals may obtain the waiver provided 
     by this subsection, and the Secretary of Homeland Security 
     may grant such request after consultation with the Secretary 
     of the Interior and the Secretary of State, and may 
     promulgate regulations with respect to the inclusion of that 
     country and any special requirements the Secretary of 
     Homeland Security, in the Secretary's sole discretion, may 
     impose prior to allowing nationals of that country to obtain 
     the waiver provided by this subsection.''.
       (c) Special Nonimmigrant Categories for Guam and the 
     Commonwealth of the Northern Mariana Islands.--The Governor 
     of Guam and the Governor of the Commonwealth of the Northern 
     Mariana Islands (referred to in this subsection as ``CNMI'') 
     may request that the Secretary of Homeland Security study the 
     feasibility of creating additional Guam or CNMI-only 
     nonimmigrant visas to the extent that existing nonimmigrant 
     visa categories under the Immigration and Nationality Act do 
     not provide for the type of visitor, the duration of 
     allowable visit, or other circumstance. The Secretary of 
     Homeland Security may review such a request, and, after 
     consultation with the Secretary of State and the Secretary of 
     the Interior, shall issue a report to the Committee on Energy 
     and Natural Resources and the Committee on the Judiciary of 
     the Senate and the Committee on Natural Resources and the 
     Committee on the Judiciary of the House of Representatives 
     with respect to the feasibility of creating those additional 
     Guam or CNMI-only visa categories. Consideration of such 
     additional Guam or CNMI-only visa categories may include, but 
     are not limited to, special nonimmigrant statuses for 
     investors, students, and retirees, but shall not include 
     nonimmigrant status for the purpose of employment in Guam or 
     the CNMI.
       (d) Inspection of Persons Arriving From the Commonwealth of 
     the Northern Mariana Islands; Guam and Northern Mariana 
     Islands-Only Visas Not Valid for Entry Into Other Parts of 
     the United States.--Section 212(d)(7) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(d)(7)) is amended by inserting 
     ``the Commonwealth of the Northern Mariana Islands,'' after 
     ``Guam,''.
       (e) Technical Assistance Program.--
       (1) In general.--The Secretary of the Interior, in 
     consultation with the Governor of the Commonwealth, the 
     Secretary of Labor, and the Secretary of Commerce, and as 
     provided in the Interagency Agreements required to be 
     negotiated under section 6(a)(4) of the Joint Resolution 
     entitled ``A Joint Resolution to approve the `Covenant To 
     Establish a Commonwealth of the Northern Mariana Islands in 
     Political Union with the United States of America', and for 
     other purposes'', approved March 24, 1976 (Public Law 94-
     241), as added by subsection (a), shall provide--
       (A) technical assistance and other support to the 
     Commonwealth to identify opportunities for, and encourage 
     diversification and growth of, the economy of the 
     Commonwealth;
       (B) technical assistance, including assistance in 
     recruiting, training, and hiring of workers, to assist 
     employers in the Commonwealth in securing employees first 
     from among United States citizens and nationals resident in 
     the Commonwealth and if an adequate number of such workers 
     are not available, from among legal permanent residents, 
     including lawfully admissible citizens of the freely 
     associated states; and
       (C) technical assistance, including assistance to identify 
     types of jobs needed, identify skills needed to fulfill such 
     jobs, and assistance to Commonwealth educational entities to 
     develop curricula for such job skills to include training 
     teachers and students for such skills.
       (2) Consultation.--In providing such technical assistance 
     under paragraph (1), the Secretaries shall--
       (A) consult with the Government of the Commonwealth, local 
     businesses, regional banks, educational institutions, and 
     other experts in the economy of the Commonwealth; and
       (B) assist in the development and implementation of a 
     process to identify opportunities for and encourage 
     diversification and growth of the economy of the Commonwealth 
     and to identify and encourage opportunities to meet the labor 
     needs of the Commonwealth.
       (3) Cost-sharing.--For the provision of technical 
     assistance or support under this paragraph (other than that 
     required to pay the salaries and expenses of Federal 
     personnel), the Secretary of the Interior shall require a 
     non-Federal matching contribution of 10 percent.
       (f) Operations.--
       (1) Establishment.--At any time on and after the date of 
     the enactment of this Act, the Attorney General, Secretary of 
     Homeland Security, and the Secretary of Labor may establish 
     and maintain offices and other operations in the Commonwealth 
     for the purpose of carrying out duties under--
       (A) the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.); and

[[Page 33658]]

       (B) the transition program established under section 6 of 
     the Joint Resolution entitled ``A Joint Resolution to approve 
     the `Covenant to Establish a Commonwealth of the Northern 
     Mariana Islands in Political Union with the United States of 
     America', and for other purposes'', approved March 24, 1976 
     (Public Law 94-241), as added by subsection (a) of this 
     section.
       (2) Personnel.--To the maximum extent practicable and 
     consistent with the satisfactory performance of assigned 
     duties under applicable law, the Attorney General, Secretary 
     of Homeland Security, and the Secretary of Labor shall 
     recruit and hire personnel from among qualified United States 
     citizens and national applicants residing in the Commonwealth 
     to serve as staff in carrying out operations described in 
     paragraph (1).
       (g) Conforming Amendments to Public Law 94-241.--
       (1) Amendments.--Public Law 94-241 is amended as follows:
       (A) In section 503 of the covenant set forth in section 1, 
     by striking subsection (a) and redesignating subsections (b) 
     and (c) as subsections (a) and (b), respectively.
       (B) By striking section 506 of the covenant set forth in 
     section 1.
       (C) In section 703(b) of the covenant set forth in section 
     1, by striking ``quarantine, passport, immigration and 
     naturalization'' and inserting ``quarantine and passport''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on the transition program effective date 
     described in section 6 of Public Law 94-241 (as added by 
     subsection (a)).
       (h) Reports to Congress.--
       (1) In general.--Not later than March 1 of the first year 
     that is at least 2 full years after the date of the enactment 
     of this title, and annually thereafter, the President shall 
     submit to the Committee on Energy and Natural Resources and 
     the Committee on the Judiciary of the Senate and the 
     Committee on Natural Resources and the Committee on the 
     Judiciary of the House of Representatives a report that 
     evaluates the overall effect of the transition program 
     established under section 6 of the Joint Resolution entitled 
     ``A Joint Resolution to approve the `Covenant To Establish a 
     Commonwealth of the Northern Mariana Islands in Political 
     Union with the United States of America', and for other 
     purposes'', approved March 24, 1976 (Public Law 94-241), as 
     added by subsection (a) of this section, and the Immigration 
     and Nationality Act (8 U.S.C. 1101 et seq.) on the 
     Commonwealth.
       (2) Contents.--In addition to other topics otherwise 
     required to be included under this title or the amendments 
     made by this title, each report submitted under paragraph (1) 
     shall include a description of the efforts that have been 
     undertaken during the period covered by the report to 
     diversify and strengthen the local economy of the 
     Commonwealth, including efforts to promote the Commonwealth 
     as a tourist destination. The report by the President shall 
     include an estimate for the numbers of nonimmigrant workers 
     described under section 101(a)(15)(H) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(H)) necessary to avoid 
     adverse economic effects in Guam and the Commonwealth.
       (3) GAO report.--The Government Accountability Office shall 
     submit a report to the Congress not later than 2 years after 
     the date of the enactment of this title, to include, at a 
     minimum, the following items:
       (A) An assessment of the implementation of this title and 
     the amendments made by this title, including an assessment of 
     the performance of Federal agencies and the Government of the 
     Commonwealth in meeting congressional intent.
       (B) An assessment of the short-term and long-term impacts 
     of implementation of this title and the amendments made by 
     this title on the economy of the Commonwealth, including its 
     ability to obtain workers to supplement its resident 
     workforce and to maintain access to its tourists and 
     customers, and any effect on compliance with United States 
     treaty obligations mandating non-refoulement for refugees.
       (C) An assessment of the economic benefit of the investors 
     ``grandfathered'' under subsection (c) of section 6 of the 
     Joint Resolution entitled ``A Joint Resolution to approve the 
     `Covenant To Establish a Commonwealth of the Northern Mariana 
     Islands in Political Union with the United States of 
     America', and for other purposes'', approved March 24, 1976 
     (Public Law 94-241), as added by subsection (a) of this 
     section, and the Commonwealth's ability to attract new 
     investors after the date of the enactment of this title.
       (D) An assessment of the number of illegal aliens in the 
     Commonwealth, including any Federal and Commonwealth efforts 
     to locate and repatriate them.
       (4) Reports by the local government.--The Governor of the 
     Commonwealth may submit an annual report to the President on 
     the implementation of this title, and the amendments made by 
     this title, with recommendations for future changes. The 
     President shall forward the Governor's report to the Congress 
     with any Administration comment after an appropriate period 
     of time for internal review, provided that nothing in this 
     paragraph shall be construed to require the President to 
     provide any legislative recommendation to the Congress.
       (5) Report on federal personnel and resource 
     requirements.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security, 
     after consulting with the Secretary of the Interior and other 
     departments and agencies as may be deemed necessary, shall 
     submit a report to the Committee on Natural Resources, the 
     Committee on Homeland Security, and the Committee on the 
     Judiciary of the House of Representatives, and to the 
     Committee on Energy and Natural Resources, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on the Judiciary of the Senate, on the current and planned 
     levels of Transportation Security Administration, United 
     States Customs and Border Protection, United States 
     Immigration and Customs Enforcement, United States 
     Citizenship and Immigration Services, and United States Coast 
     Guard personnel and resources necessary for fulfilling 
     mission requirements on Guam and the Commonwealth in a manner 
     comparable to the level provided at other similar ports of 
     entry in the United States. In fulfilling this reporting 
     requirement, the Secretary shall consider and anticipate the 
     increased requirements due to the proposed realignment of 
     military forces on Guam and in the Commonwealth and growth in 
     the tourism sector.
       (i) Required Actions Prior to Transition Program Effective 
     Date.--During the period beginning on the date of the 
     enactment of this Act and ending on the transition program 
     effective date described in section 6 of Public Law 94-241 
     (as added by subsection (a)), the Government of the 
     Commonwealth shall--
       (1) not permit an increase in the total number of alien 
     workers who are present in the Commonwealth as of the date of 
     the enactment of this Act; and
       (2) administer its nonrefoulement protection program--
       (A) according to the terms and procedures set forth in the 
     Memorandum of Agreement entered into between the Commonwealth 
     of the Northern Mariana Islands and the United States 
     Department of Interior, Office of Insular Affairs, executed 
     on September 12, 2003 (which terms and procedures, including 
     but not limited to funding by the Secretary of the Interior 
     and performance by the Secretary of Homeland Security of the 
     duties of ``Protection Consultant'' to the Commonwealth, 
     shall have effect on and after the date of the enactment of 
     this Act), as well as CNMI Public Law 13-61 and the 
     Immigration Regulations Establishing a Procedural Mechanism 
     for Persons Requesting Protection from Refoulement; and
       (B) so as not to remove or otherwise effect the involuntary 
     return of any alien whom the Protection Consultant has 
     determined to be eligible for protection from persecution or 
     torture.
       (j) Conforming Amendments to the Immigration and 
     Nationality Act.--The Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) is amended--
       (1) in section 101(a)(15)(D)(ii), by inserting ``or the 
     Commonwealth of the Northern Mariana Islands'' after ``Guam'' 
     each time such term appears;
       (2) in section 101(a)(36), by striking ``and the Virgin 
     Islands of the United States'' and inserting ``the Virgin 
     Islands of the United States, and the Commonwealth of the 
     Northern Mariana Islands'';
       (3) in section 101(a)(38), by striking ``and the Virgin 
     Islands of the United States'' and inserting ``the Virgin 
     Islands of the United States, and the Commonwealth of the 
     Northern Mariana Islands'';
       (4) in section 208, by adding at the end the following:
       ``(e) Commonwealth of the Northern Mariana Islands.--The 
     provisions of this section and section 209(b) of this Act 
     shall apply to persons physically present in the Commonwealth 
     of the Northern Mariana Islands or arriving in the 
     Commonwealth (whether or not at a designated port of arrival 
     and including persons who are brought to the Commonwealth 
     after having been interdicted in international or United 
     States waters) only on or after January 1, 2014.''; and
       (5) in section 235(b)(1), by adding at the end the 
     following:
       ``(G) Commonwealth of the northern mariana islands.--
     Nothing in this subsection shall be construed to authorize or 
     require any person described in section 208(e) of this Act to 
     be permitted to apply for asylum under section 208 of this 
     Act at any time before January 1, 2014.''.
       (k) Availability of Other Nonimmigrant Professionals.--The 
     requirements of section 212(m)(6)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(m)(6)(B)) shall not apply to a 
     facility in Guam, the Commonwealth of the Northern Mariana 
     Islands, or the Virgin Islands.

     SEC. 104. FURTHER AMENDMENTS TO PUBLIC LAW 94-241.

       Public Law 94-241, as amended, is further amended in 
     section 4(c)(3) by striking the colon after ``Marshall 
     Islands'' and inserting the following: ``, except that 
     $200,000 in fiscal year 2009 and $225,000 annually for fiscal 
     years 2010 through 2018 are hereby rescinded; Provided, That 
     the amount rescinded shall be increased by the same 
     percentage as that

[[Page 33659]]

     of the annual salary and benefit adjustments for Members of 
     Congress''.

     SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this title.

     SEC. 106. EFFECTIVE DATE.

       (a) In General.--Except as specifically provided in this 
     section or otherwise in this Act, this title and the 
     amendments made by this title shall take effect on the date 
     of the enactment of this title.
       (b) Amendments to the Immigration and Nationality Act.--The 
     amendments to the Immigration and Nationality Act made by 
     this Act, and other provisions of this Act applying the 
     immigration laws (as defined in section 101(a)(17) of 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) to 
     the Commonwealth, shall take effect on the transition program 
     effective date described in section 6 of Public Law 94-241 
     (as added by section 103(a) of this Act), unless specifically 
     provided otherwise in this Act.
       (c) Construction.--Nothing in this Act or the amendments 
     made by this Act shall be construed to make any residence or 
     presence in the Commonwealth before the transition program 
     effective date described in section 6 of Public Law 94-241 
     (as added by section 103(a) of this Act) residence or 
     presence in the United States, except that, for the purpose 
     only of determining whether an alien lawfully admitted for 
     permanent residence (as defined in section 101(a)(20) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(20))) has 
     abandoned or lost such status by reason of absence from the 
     United States, such alien's presence in the Commonwealth 
     before, on, or after the date of the enactment of this Act 
     shall be considered to be presence in the United States.

            TITLE II--NORTHERN MARIANA ISLANDS DELEGATE ACT

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Northern Mariana Islands 
     Delegate Act''.

     SEC. 202. DELEGATE TO HOUSE OF REPRESENTATIVES FROM 
                   COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.

       The Commonwealth of the Northern Mariana Islands shall be 
     represented in the United States Congress by the Resident 
     Representative to the United States authorized by section 901 
     of the Covenant To Establish a Commonwealth of the Northern 
     Mariana Islands in Political Union With the United States of 
     America (approved by Public Law 94-241 (48 U.S.C. 1801 et 
     seq.)). The Resident Representative shall be a nonvoting 
     Delegate to the House of Representatives, elected as provided 
     in this title.

     SEC. 203. ELECTION OF DELEGATE.

       (a) Electors and Time of Election.--The Delegate shall be 
     elected--
       (1) by the people qualified to vote for the popularly 
     elected officials of the Commonwealth of the Northern Mariana 
     Islands; and
       (2) at the Federal general election of 2008 and at such 
     Federal general election every 2d year thereafter.
       (b) Manner of Election.--
       (1) In general.--The Delegate shall be elected at large and 
     by a plurality of the votes cast for the office of Delegate.
       (2) Effect of establishment of primary elections.--
     Notwithstanding paragraph (1), if the Government of the 
     Commonwealth of the Northern Mariana Islands, acting pursuant 
     to legislation enacted in accordance with the Constitution of 
     the Commonwealth of the Northern Mariana Islands, provides 
     for primary elections for the election of the Delegate, the 
     Delegate shall be elected by a majority of the votes cast in 
     any general election for the office of Delegate for which 
     such primary elections were held.
       (c) Vacancy.--In case of a permanent vacancy in the office 
     of Delegate, the office of Delegate shall remain vacant until 
     a successor is elected and qualified.
       (d) Commencement of Term.--The term of the Delegate shall 
     commence on the 3d day of January following the date of the 
     election.

     SEC. 204. QUALIFICATIONS FOR OFFICE OF DELEGATE.

       To be eligible for the office of Delegate a candidate 
     shall--
       (1) be at least 25 years of age on the date of the 
     election;
       (2) have been a citizen of the United States for at least 7 
     years prior to the date of the election;
       (3) be a resident and domiciliary of the Commonwealth of 
     the Northern Mariana Islands for at least 7 years prior to 
     the date of the election;
       (4) be qualified to vote in the Commonwealth of the 
     Northern Mariana Islands on the date of the election; and
       (5) not be, on the date of the election, a candidate for 
     any other office.

     SEC. 205. DETERMINATION OF ELECTION PROCEDURE.

       Acting pursuant to legislation enacted in accordance with 
     the Constitution of the Commonwealth of the Northern Mariana 
     Islands, the Government of the Commonwealth of the Northern 
     Mariana Islands may determine the order of names on the 
     ballot for election of Delegate, the method by which a 
     special election to fill a permanent vacancy in the office of 
     Delegate shall be conducted, the method by which ties between 
     candidates for the office of Delegate shall be resolved, and 
     all other matters of local application pertaining to the 
     election and the office of Delegate not otherwise expressly 
     provided for in this title.

     SEC. 206. COMPENSATION, PRIVILEGES, AND IMMUNITIES.

       Until the Rules of the House of Representatives are amended 
     to provide otherwise, the Delegate from the Commonwealth of 
     the Northern Mariana Islands shall receive the same 
     compensation, allowances, and benefits as a Member of the 
     House of Representatives, and shall be entitled to whatever 
     privileges and immunities are, or hereinafter may be, granted 
     to any other nonvoting Delegate to the House of 
     Representatives.

     SEC. 207. LACK OF EFFECT ON COVENANT.

       No provision of this title shall be construed to alter, 
     amend, or abrogate any provision of the covenant referred to 
     in section 202 except section 901 of the covenant.

     SEC. 208. DEFINITION.

       For purposes of this title, the term ``Delegate'' means the 
     Resident Representative referred to in section 202.

     SEC. 209. CONFORMING AMENDMENTS REGARDING APPOINTMENTS TO 
                   MILITARY SERVICE ACADEMIES BY DELEGATE FROM THE 
                   COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.

       (a) United States Military Academy.--Section 4342(a)(10) of 
     title 10, United States Code, is amended by striking 
     ``resident representative'' and inserting ``Delegate in 
     Congress''.
       (b) United States Naval Academy.--Section 6954(a)(10) of 
     such title is amended by striking ``resident representative'' 
     and inserting ``Delegate in Congress''.
       (c) United States Air Force Academy.--Section 9342(a)(10) 
     of such title is amended by striking ``resident 
     representative'' and inserting ``Delegate in Congress''.

  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.
  The Chair recognizes the gentlewoman from the Virgin Islands.


                             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?
  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,

[[Page 33660]]

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.
       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.

[[Page 33661]]

  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 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. 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.

[[Page 33662]]

  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 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

[[Page 33663]]

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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