United States-Commonwealth of the Northern Marianas Human Dignity Act

Summary: United States-Commonwealth of the Northern Marianas Human Dignity Act - Amends Federal law to prohibit the affixation of the "Made in the USA" label to a textile fiber product from the Northern Mariana Islands unless: (1) each worker producing such product was paid a minimum wage equal to or greater than a specified amount; (2) the product was manufactured in compliance with all Federal labor laws, including, but not limited to, the National Labor Relations Act, the Occupational Safety and Health Act of 1970, and the Fair Labor Standards Act of 1938; (3) the factory or other business producing the product has full-time employees in nonmanagerial positions who are U.S. citizens or nationals, aliens lawfully admitted into the United States for permanent residence, citizens of Palau, the Republic of the Marshall Islands, or the Federated States of Micronesia, aliens admitted into the United States as refugees, or aliens granted asylum in the United States, in specified percentages; and (4) the factory or other business producing the product does not employ individuals under conditions of indentured servitude. 
(Sec. 3) Applies to the Northern Mariana Islands: (1) the minimum wage provisions of the Fair Labor Standards Act of 1938, as modified by this Act (requires a minimum wage through December 31, 1999, of $3.55 per hour, adjusted semiannually thereafter in $.50 increments until it equals the minimum wage required by the Fair Labor Standards Act of 1938); and (2) the Immigration and Nationality Act. 
Prohibits any product of the Northern Mariana Islands from entering the customs territory of the United States duty-free or not subject to quota as a product of an insular possession unless specified requirements relating to fair labor practices and country of origin are met.  Requires the President, for a two-year period, to deny an exporter duty-free and quota-free treatment if it is determined that such exporter has willfully falsified information regarding the country of origin of a product of the Northern Mariana Islands for which such treatment is claimed. 
(Sec. 4) Amends the Tariff Act of 1930 to authorize the inspection by the Customs Service of any vessel from a foreign port or from a place in any U.S. territory or possession arriving at a port or place in the Northern Mariana Islands (currently, the United States or the Virgin Islands) 
(Sec. 5) Requires a study of the extent of human and labor rights violations in the Northern Mariana Islands, including any efforts being taken by the united States or the Government of the Northern Mariana Islands to address or prohibit such violations.  Requires a report on the results of the study to specified congressional committees. 
(Sec. 8) Authorizes appropriations.

entitled ``Joint Resolution to approve the 
`Covenant To Establish a Commonwealth of the Northern Mariana Islands 
in Political Union with the United States of America', and for other 
purposes'' approved March 24, 1976 (48 U.S.C. 1801 et seq.), is 
amended--
            (1) by adding at the end the following new sections:

``SEC. 7. LABELING OF TEXTILE FIBER PRODUCTS.

    ``(a) In General.--No textile fiber product shall have a stamp, 
tag, label, or other means of identification or substitute therefor on 
or affixed to the product stating `Made in USA' or otherwise stating or 
implying that the product was made or assembled in the United States 
unless--
            ``(1) each individual providing direct labor in production 
        of such textile fiber product was paid a wage equal to or 
        greater than the wage set by section 8;
            ``(2) the product was produced or manufactured in 
        compliance with all Federal laws relating to labor rights and 
        working conditions, including, but not limited to, the National 
        Labor Relations Act, the Occupational Safety and Health Act of 
        1970, and the Fair Labor Standards Act of 1938;
            ``(3) the factory or other business concern producing or 
        manufacturing the product, as certified by the Secretary of 
        Labor, has full-time employees in nonmanagerial positions who 
        are citizens or nationals of the United States, aliens lawfully 
        admitted into the United States for permanent residence, 
        citizens of Palau, the Republic of the Marshall Islands, or the 
        Federated States of Micronesia, aliens admitted into the United 
        States as refugees under section 207 of the Immigration and 
        Nationality Act (8 U.S.C. 1157), or aliens granted asylum in 
        the United States under section 208 of that Act (8 U.S.C. 
        1158), in the following percentages: 25 percent within 6 months 
        after the date of the enactment of this section, 50 percent 
        within 1 year after such date of enactment, and 75 percent 
        within 18 months after such date of enactment; and
            ``(4) the factory or other business concern producing or 
        manufacturing the product does not employ individuals under 
        conditions of indentured servitude.
    ``(b) Result of Noncompliance.--A textile fiber product which is 
stamped, tagged, labeled, or otherwise identified in violation of 
subsection (a) shall be deemed to be misbranded for purposes of the 
Textile Fiber Products Identification Act (15 U.S.C. 70 et seq.).
    ``(c) Definition.--For purposes of this section, the term `direct 
labor' includes any work provided to prepare, assemble, process, 
package, or transport a textile fiber product, but does not include 
supervisory, management, security, or administrative work.

``SEC. 8. MINIMUM WAGE.

    ``Section 503(c) of the foregoing Covenant shall be construed and 
applied as if it read as follows:
    ```(c) The minimum wage provisions of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 201 et seq.), shall apply to the Commonwealth of the 
Northern Mariana Islands, except that--
            ```(1) through December 31, 1999, the minimum wage 
        applicable to the Commonwealth of the Northern Mariana Islands 
        shall be $3.55 per hour;
            ```(2) on January 1, 2000, and on July 1 and January 1 of 
        each year thereafter, the minimum wage applicable to the 
        Commonwealth of the Northern Mariana Islands shall be $0.50 per 
        hour more than the minimum wage that was applicable to the 
        Commonwealth of the Northern Mariana Islands for the preceding 
        6-month period until the minimum wage applicable to the 
        Commonwealth of the Northern Mariana Islands is equal to the 
        minimum wage rate set forth in section 6(a)(1) of the Fair 
        Labor Standards Act of 1938; and
            ```(3) after the minimum wage applicable to the 
        Commonwealth of the Northern Mariana Islands is equal to the 
        minimum wage rate set forth in section 6(a)(1) of the Fair 
        Labor Standards Act of 1938, pursuant to paragraph (2), the 
        minimum wage applicable to the Commonwealth of the Northern 
        Mariana Islands shall increase as necessary to remain equal to 
        the minimum wage rate set forth in section 6(a)(1) of the Fair 
        Labor Standards Act of 1938.'

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

    ``(a) Conditions.--No product of the Northern Mariana Islands may 
enter the customs territory of the United States duty-free or not 
subject to quota as the product of an insular possession, unless--
            ``(1) each individual providing direct labor in production 
        of the product was paid a wage equal to or greater than the 
        wage set by section 8;
            ``(2) the product was produced or manufactured in 
        compliance with all Federal laws relating to labor rights and 
        working conditions, including, but not limited to, the National 
        Labor Relations Act, the Occupational Safety and Health Act of 
        1970, and the Fair Labor Standards Act of 1938;
            ``(3) the factory or other business concern producing or 
        manufacturing the product, as certified by the Secretary of 
        Labor, has full-time employees in nonmanagerial positions who 
        are citizens or nationals of the United States, aliens lawfully 
        admitted into the United States for permanent residence, 
        citizens of Palau, the Republic of the Marshall Islands, or the 
        Federated States of Micronesia, persons admitted into the 
        United States under section 207 of the Immigration and 
        Nationality Act (8 U.S.C. 1157), or aliens granted asylum in 
        the United States under section 208 of that Act (8 U.S.C. 
        1158), in the following percentages: 25 percent within 6 months 
        after the date of the enactment of this section, 50 percent 
        within 1 year after such date of enactment, and 75 percent 
        within 18 months after such date of enactment;
            ``(4) the factory or other business concern producing or 
        manufacturing the product does not employ individuals under 
        conditions of indentured servitude; and
            ``(5) the Commissioner of Customs has certified that the 
        Commonwealth of the Northern Mariana Islands is taking adequate 
        measures--
                    ``(A) to prevent unlawful transshipment of goods 
                that is carried out by rerouting, false declaration 
                concerning country or place of origin, falsification of 
                documents, evasion of United States rules of origin, or 
                any other means; and
                    ``(B) to prevent being used as a transit point for 
                the shipment of goods in violation of the Agreement on 
                Textiles and Clothing referred to in section 101(d)(4) 
                of the Uruguay Round Agreements Act or any other 
                applicable trade agreement.
    ``(b) Penalties Against Exporters.--If the President determines, 
based on sufficient evidence, that an exporter has willfully falsified 
information regarding the country of origin, manufacture, processing, 
or assembly of a product of the Northern Mariana Islands for which 
duty-free or quota-free treatment is claimed, then the President shall 
deny to such exporter, and any successors of such exporter, for a 
period of 2 years, duty-free and quota-free treatment for such product.
    ``(c) Definition.--For purposes of this section, the term `direct 
labor' includes any work provided to prepare, assemble, process, 
package, or transport a product, but does not include supervisory, 
management, security, or administrative work.''; and
            (2) by adding after the new sections added by paragraph 
        (1), the following new section:

``SEC. 10. APPLICABILITY OF IMMIGRATION LAWS.

    ``Section 506 of the foregoing Covenant shall be construed and 
applied as if it included at the end the following subsection:
    ```(e)(1) Subject to paragraphs (2) and (3), the provisions of the 
Immigration and Nationality Act shall apply to the Northern Mariana 
Islands as if the Northern Mariana Islands were a State (as defined in 
section 101(a)(36) of such Act), and a part of the United States (as 
defined in section 101(a)(38) of such Act). Such Act shall supersede 
and replace all laws, provisions, or programs of the Commonwealth of 
the Northern Mariana Islands relating to the admission and removal of 
aliens from the Northern Mariana Islands.
    ```(2)(A) Notwithstanding paragraph (1) and subject to subparagraph 
(C), if the Secretary of Labor, upon receipt of a joint recommendation 
of the Governor and Legislature of the Commonwealth of the Northern 
Mariana Islands, finds that exceptional circumstances exist with 
respect to the inability of employers in the Northern Mariana Islands 
to obtain sufficient work-authorized labor, the Attorney General may 
establish a specific number of employment-based immigrant visas to be 
made available during the following fiscal year under this paragraph 
and section 203(b) of the Immigration and Nationality Act.
    ```(B) Upon notification by the Attorney General that a number has 
been established pursuant to subparagraph (A), the Secretary of State 
may allocate up to that number of visas without regard to the numerical 
limitations set forth in sections 202 and 203(b)(3)(B) of the 
Immigration and Nationality Act. Visa numbers allocated under this 
subparagraph shall be allocated first from the number of visas 
available under section 203(b)(3) of the Immigration and Nationality 
Act, or, if such visa numbers are not available, from the number of 
visas available under section 203(b)(5) of such Act.
    ```(C) The authority of the Attorney General and the Secretary of 
State under subparagraphs (A) and (B) shall expire at the end of the 
4th fiscal year following the first fiscal year for which the Attorney 
General establishes a number pursuant to subparagraph (A).
    ```(D) Persons granted employment-based immigrant visas under this 
paragraph may be admitted initially at a port-of-entry in the Northern 
Mariana Islands, or at a port-of-entry in Guam, for the purpose of 
immigrating to the Northern Mariana Islands, as lawful permanent 
residents of the United States.
    ```(E) Any immigrant visa issued pursuant to this paragraph shall 
be valid only for application for initial admission to the Northern 
Mariana Islands. The admission of any alien pursuant to such an 
immigrant visa shall be an admission for lawful permanent residence and 
employment only in the Northern Mariana Islands during the first 3 
years after such admission. Such admission shall not authorize 
permanent residence or employment in any other part of the United 
States during such 3-year period. An alien admitted for permanent 
residence pursuant to this paragraph shall be issued appropriate 
documentation identifying the person as having been admitted pursuant 
to the terms and conditions of this paragraph, and shall be required to 
comply with a system for the registration and reporting of aliens 
admitted for permanent residence under this subsection, to be 
established by the Attorney General under chapter 7 of title II of the 
Immigration and Nationality Act.
    ```(F) Nothing in this paragraph shall preclude an alien who has 
obtained lawful permanent resident status pursuant to this paragraph 
from applying, if otherwise eligible under this section and under the 
Immigration and Nationality Act, for an immigrant visa or admission as 
a lawful permanent resident under the Immigration and Nationality Act.
    ```(G) Any alien admitted under this paragraph, who violates the 
provisions of this paragraph, or who is found removable or inadmissible 
under section 237(a) of the Immigration and Nationality Act, or 
paragraphs (1), (2), (3), (4)(A), (4)(B), (6), (7), (8), or (9) of 
section 212(a) of such Act, shall be removed pursuant to chapter 4 of 
title II of such Act.
    ```(H) The Attorney General may establish by regulation a procedure 
by which an alien who has obtained lawful permanent resident status 
pursuant to this paragraph may apply for a waiver of the limitations on 
the terms and conditions of such status. The Attorney General may grant 
the application for waiver, in the discretion of the Attorney General, 
if: (1) the alien is not in removal proceedings, (2) the alien has been 
a person of good moral character for the preceding 5 years, (3) the 
alien has not violated the terms and conditions of the alien's 
permanent resident status, and (4) the alien would suffer exceptional 
and extremely unusual hardship were such terms and conditions not 
waived.
    ```(I) The limitations on the terms and conditions of an alien's 
permanent residence set forth in this paragraph shall expire at the end 
of 3 years after the alien's admission to the Northern Mariana Islands 
as a permanent resident and the alien is thereafter fully subject to 
the provisions of the Immigration and Nationality Act. Following the 
expiration of such limitations, the permanent resident alien may engage 
in any lawful activity, including employment, anywhere in the United 
States.
    ```(3)(A) Except as provided in subparagraph (B), paragraphs (1) 
and (2) shall take effect after the expiration of the 3-month period 
beginning on the date of the enactment of the United States-
Commonwealth of the Northern Marianas Human Dignity Act.
    ```(B) With respect to an alien who, as of the last day of the 3-
month period beginning on the date of the enactment of the United 
States-Commonwealth of the Northern Marianas Human Dignity Act, is 
authorized by the Government of the Northern Mariana Islands (pursuant 
to the immigration laws of the Commonwealth of the Northern Mariana 
Islands) to enter into and remain temporarily in the Northern Mariana 
Islands in order to perform temporary service or labor in the Northern 
Mariana Islands (and any relatives of the alien if, authorized to 
accompany or follow to join the alien), paragraphs (1) and (2) shall 
apply to the alien beginning after the earlier of the following dates:
            ```(i) The date on which such authorization expires (such 
        authorization not being subject to extension or renewal by the 
        Government of the Northern Mariana Islands after the expiration 
        of the 3-month period beginning on the date of the enactment of 
        the United States-Commonwealth of the Northern Marianas Human 
        Dignity Act).
            ```(ii) The date that is 2 years after the date of the 
        enactment of the United States-Commonwealth of the Northern 
        Marianas Human Dignity Act.
    ```(4) When deploying personnel to enforce the provisions of this 
section, the Attorney General shall coordinate with, and act in 
conjunction with, State and local law enforcement agencies to ensure 
that such deployment does not degrade or compromise the law enforcement 
capabilities and functions currently performed by immigration 
officers.'.''.

SEC. 4. AUTHORITY OF CUSTOMS SERVICE TO BOARD SHIPS.

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

SEC. 5. STUDY; REPORT.

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

SEC. 6. EFFECT ON OTHER LAW.

    The provisions of the amendments made by paragraph (1) of section 3 
shall be in addition to, but shall not otherwise modify, the 
requirements of the Textile Fiber Products Identification Act (15 
U.S.C. 70 et seq.).

SEC. 7. EFFECTIVE DATES.

    (a) In General.--Except as provided in subsection (b), the 
amendments made by this Act shall take effect 30 days after the date of 
the enactment of this Act.
    (b) Immigration.--
            (1) In general.--The amendment made by paragraph (2) of 
        section 3 shall take effect after the expiration of the 3-month 
        period beginning on the date of the enactment of this Act.
            (2) Exception.--With respect to an alien who, as of the 
        last day of the 3-month period beginning on the date of the 
        enactment of this Act, is authorized by the Government of the 
        Northern Mariana Islands (pursuant to the immigration laws of 
        the Commonwealth of the Northern Mariana Islands) to enter into 
        and remain temporarily in the Northern Mariana Islands in order 
        to perform temporary service or labor in the Northern Mariana 
        Islands (and any relatives of the alien if, authorized to 
        accompany or follow to join the alien), such amendment shall 
        apply to the alien beginning after the earlier of the following 
        dates:
                    (A) The date on which such authorization expires 
                (such authorization not being subject to extension or 
                renewal by the Government of the Northern Mariana 
                Islands after the expiration of the 3-month period 
                beginning on the date of the enactment of this Act).
                    (B) The date that is 2 years after the date of the 
                enactment of this Act.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act.