48 U.S.C. § 1807 — Technical assistance program

Page 204 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1807 1 See References in Text note below. ‘‘(1) IN GENERAL.—Not later than March 1 of the first year that is at least 2 full years after the date of enact- ment of this subtitle [May 8, 2008], and annually there- after, 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 Nat- ural 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 [48 U.S.C. 1806] 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), 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 subtitle [subtitle A (§§ 701–705) of title VII of Pub. L. 110–229, see Effective Date note set out above] or the amendments made by this subtitle, 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 Com- monwealth, including efforts to promote the Common- wealth 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 eco- nomic effects in Guam and the Commonwealth.’’ Pub. L. 110–229, title VII, § 702(h)(4), May 8, 2008, 122 Stat. 865, provided that: ‘‘(4) REPORTS BY THE LOCAL GOVERNMENT.—The Gov- ernor of the Commonwealth may submit an annual re- port to the President on the implementation of this subtitle [subtitle A (§§ 701–705) of title VII of Pub. L. 110–229, see Effective Date note set out above], and the amendments made by this subtitle, with recommenda- tions for future changes. The President shall forward the Governor’s report to the Congress with any Admin- istration comment after an appropriate period of time for internal review, provided that nothing in this para- graph shall be construed to require the President to provide any legislative recommendation to the Con- gress.’’ REQUIRED ACTIONS PRIOR TO TRANSITION PROGRAM EFFECTIVE DATE Pub. L. 110–229, title VII, § 702(i), May 8, 2008, 122 Stat. 866, provided that: ‘‘During the period beginning on the date of enact- ment of this Act [May 8, 2008] and ending on the transi- tion program effective date described in section 6 of Public Law 94–241 [48 U.S.C. 1806] (as added by sub- section (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 enactment of this Act [May 8, 2008]; and ‘‘(2) administer its nonrefoulement protection pro- gram— ‘‘(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, in- cluding 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 enactment of this Act [May 8, 2008]), 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 Protec- tion Consultant has determined to be eligible for protection from persecution or torture.’’ § 1807. 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 Com- merce, and as provided in the Interagency Agreements required to be negotiated under sec- tion 1806(a)(4) of this title, as added by sub- section (a),1 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 assist- ance in recruiting, training, and hiring of workers, to assist employers in the Common- wealth in securing employees first from among United States citizens and nationals resident in the Commonwealth and if an ade- quate number of such workers are not avail- able, from among legal permanent residents, including lawfully admissible citizens of the freely associated states; and (C) technical assistance, including assist- ance to identify types of jobs needed, identify skills needed to fulfill such jobs, and assist- ance 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 ex- perts in the economy of the Commonwealth; and (B) assist in the development and implemen- tation 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 Fed- eral personnel), the Secretary of the Interior shall require a non-Federal matching contribu- tion of 10 percent. (Pub. L. 110–229, title VII, § 702(e), May 8, 2008, 122 Stat. 863.) Editorial Notes REFERENCES IN TEXT Section 1806(a)(4) of this title, as added by subsection (a), referred to in par. (1), probably means section 1806(a)(5) of this title, as added by subsection (a) of sec- tion 702 of Pub. L. 110–229. CODIFICATION Section was enacted as part of the Consolidated Nat- ural Resources Act of 2008, and not as part of Pub. L. 94–241 which comprises this subchapter. Page 205 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1821 1 So in original. Statutory Notes and Related Subsidiaries DEPARTMENT OF THE INTERIOR TECHNICAL ASSISTANCE Pub. L. 115–218, § 3(c), July 24, 2018, 132 Stat. 1554, pro- vided that: ‘‘Not later than October 1, 2019, and bienni- ally thereafter, the Secretary of the Interior shall sub- mit a report to Congress that describes the fulfillment of the Department of the Interior’s responsibilities to the Commonwealth of the Northern Mariana Islands— ‘‘(1) to identify opportunities for economic growth and diversification; ‘‘(2) to provide assistance in recruiting, training, and hiring United States workers; and ‘‘(3) to provide such other technical assistance and consultation as outlined in section 702(e) of the Con- solidated Natural Resources Act of 2008 (48 U.S.C. 1807).’’ § 1808. Operations (1) Establishment At any time on and after May 8, 2008, the At- torney General, Secretary of Homeland Secu- rity, 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 1806 of this title, as added by sub- section (a). (2) Personnel To the maximum extent practicable and con- sistent with the satisfactory performance of as- signed 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). (Pub. L. 110–229, title VII, § 702(f), May 8, 2008, 122 Stat. 863.) Editorial Notes REFERENCES IN TEXT The Immigration and Nationality Act, referred to in par. (1)(A), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. Section 1806 of this title, as added by subsection (a), referred to in par. (1)(B), is section 1806 of this title, as added by subsection (a) of section 702 of Pub. L. 110–229. CODIFICATION Section was enacted as part of the Consolidated Nat- ural Resources Act of 2008, and not as part of Pub. L. 94–241 which comprises this subchapter. SUBCHAPTER II—JUDICIAL MATTERS § 1821. District Court for the Northern Mariana Islands (a) Establishment; judicial circuit; terms of court There is established for and within the North- ern Mariana Islands a court of record to be known as the District Court for the Northern Mariana Islands. The Northern Mariana Islands shall constitute a part of the same judicial cir- cuit of the United States as Guam. Terms of court shall be held on Saipan and at such other places and at such times as the court may des- ignate by rule or order. (b) Appointment, tenure, removal, compensation, etc., of District Court judge; appointment of United States attorney and United States marshal (1) The President shall, by and with the advice and consent of the Senate, appoint a judge for the District Court for the Northern Mariana Is- lands who shall hold office for the term of ten years and until his successor is chosen and qualified, unless sooner removed by the Presi- dent for cause. The judge shall receive a salary payable by the United States which shall be at the rate prescribed for judges of the United States district courts. (2) The Chief Judge of the Ninth Judicial Cir- cuit of the United States may assign justices of the High Court of the Trust Territory of the Pa- cific Islands or judges of courts of record of the Northern Mariana Islands who are licensed at- torneys in good standing or a circuit or district judge of the ninth circuit, including a judge of the District Court of Guam who is appointed by the President or a recalled senior judge of the District Court of Guam or of the District Court of the Northern Mariana Islands, or the Chief Justice of the United States may assign any other United States circuit or district judge with the consent of the judge so assigned and of the chief judge of his circuit to serve tempo- rarily as a judge in the District Court for the Northern Mariana Islands whenever such an as- signment is necessary for the proper dispatch of the business of the court. Such judges shall have all the powers of a judge of the District Court for the Northern Mariana Islands, including the power to appoint any person to a statutory posi- tion, or to designate a depository of funds or a newspaper for publication of legal notices. (3) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and United States marshal for the Northern Mariana Islands to whose offices the provisions of chapters 35 and 37 of title 28, respectively, shall apply. (4) If the President appoints a judge for the District Court for the Northern Mariana Islands or a United States attorney or a United States marshal for the Northern Mariana Islands who at that time is serving in the same capacity in another district, the appointment shall, without prejudice to a subsequent appointment, be for the unexpired term of such judge or officer. (c) Applicability of Federal rules and statutory requirements Where appropriate, and except as otherwise provided in articles IV and V of the Covenant approved by the Act of March 24, 1976 (90 Stat. 263), the provisions of part II of title 18 and of ti- tles 1 28, the rules of practice and procedure heretofore or hereafter promulgated and made effective by the Congress or the Supreme Court of the United States pursuant to titles 11, 18, and 28 shall apply to the District Court for the Northern Mariana Islands and appeals there-