II

106TH CONGRESS

1ST SESSION S. 1052

To implement further the Act (Public Law 94–241) approving the Covenant

to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 13, 1999

Mr. MURKOWSKI (for himself, Mr. AKAKA, and Mr. BINGAMAN) introduced

the following bill; which was read twice and referred to the Committee

on Energy and Natural Resources

A BILL

To implement further the Act (Public Law 94–241) approving the Covenant to Establish a Commonwealth of the

Northern Mariana Islands in Political Union with the

United States of America, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Northern Mariana Is5 lands Covenant Implementation Act’’.
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1 SEC. 2. IMMIGRATION REFORM FOR THE COMMONWEALTH

2 OF THE NORTHERN MARIANA ISLANDS.

3 (a) AMENDMENTS TO ACT APPROVING THE COV4 ENANT TO ESTABLISH A COMMONWEALTH OF THE

5 NORTHERN MARIANA ISLANDS IN POLITICAL UNION

6 WITH THE UNITED STATES OF AMERICA.—Public Law

7 94–241 (90 Stat. 263), as amended, is further amended

8 by adding at the end thereof the following:

9 ‘‘SEC. 6. TRANSITION PROGRAM.

10 ‘‘(a) ATTORNEY GENERAL FINDINGS.—

11 ‘‘(1) MINIMUM STANDARDS.—Within ninety

12 days after the date of enactment of the Northern

13 Mariana Islands Covenant Implementation Act, the

14 Attorney General shall determine, and publish by

15 notice in the Federal Register, minimum standards

16 that the Attorney General deems necessary to ensure

17 an effective system of immigration control for the

18 Commonwealth of the Northern Mariana Islands.

19 The determination of such minimum standards shall

20 rest within the sole discretion of the Attorney Gen21 eral, shall not be subject to the rulemaking require22 ments of the Administrative Procedure Act (5

23 U.S.C. 533–557), and may be reviewed solely pursu24 ant to paragraph (3) of this subsection.

25 ‘‘(2) FINDINGS.—One year after the date of en26 actment of the Northern Mariana Islands Covenant
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1 Implementation Act, or, if applicable, ninety days

2 after the issuance of a final judicial determination

3 pursuant to paragraph (3), whichever is later, the

4 Attorney General, after consultation with the Gov5 ernment of the Commonwealth of the Northern Mar6 iana Islands, shall make the following findings:

7 ‘‘(A) whether the Government of the Com8 monwealth of the Northern Mariana Islands

9 possesses the institutional capability to admin10 ister an effective system of immigration control,

11 consistent with the minimum standards estab12 lished under paragraph (1), and

13 ‘‘(B) if the Attorney General determines

14 that the Government of the Commonwealth of

15 the Northern Marianas possesses such institu16 tional capability, whether the Government of

17 the Commonwealth of the Northern Mariana Is18 lands has demonstrated a genuine commitment

19 to enforce an effective system of immigration

20 control consistent with the minimum standards

21 established under paragraph (1). The findings

22 by the Attorney General regarding the institu23 tional capability of the Government of the Com24 monwealth of the Northern Mariana Islands,

25 and if applicable, the genuine commitment of
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1 the Government of the Commonwealth of the

2 Northern Mariana Islands to enforce an effec3 tive system of immigration control shall be pub4 lished in the Federal Register in a timely man5 ner.

6 ‘‘(3) ACCELERATED JUDICIAL REVIEW OF MIN7 IMUM STANDARDS.—Except for review in the Su8 preme Court of the United States, the United States

9 Court of Appeals for the District of Columbia Cir10 cuit shall have original and exclusive jurisdiction

11 over any complaint of the Government of the Com12 monwealth of the Northern Mariana Islands seeking

13 review of the minimum standards established under

14 paragraph (1). No other person or entity shall have

15 the right to seek review of these minimum stand16 ards. For purposes of this paragraph, a petition for

17 review will be deemed to have been timely filed only

18 if it is made within ninety days after publication of

19 the standards in the Federal Register. It shall be the

20 duty of the reviewing court to advance on the docket

21 and to expedite to the greatest possible extent the

22 disposition of any matter brought under this para23 graph. In the event that there is issued a final judi24 cial determination invalidating the minimum stand25 ards, the Attorney General shall have published in
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1 the Federal Register new minimum standards within

2 ninety days of such final judicial determination.

3 Such new minimum standards shall be reviewable

4 solely pursuant to this paragraph.

5 ‘‘(4) ACCELERATED JUDICIAL REVIEW OF THE

6 FINDINGS OF THE ATTORNEY GENERAL.—The find7 ings of the Attorney General described in subpara8 graphs (A) and (B) of paragraph (2) shall be

9 deemed to be final upon publication in the Federal

10 Register, unless the Government of the Common11 wealth of the Northern Mariana Islands seeks review

12 of these findings by filing a timely petition for re13 view, pursuant to this paragraph, with the United

14 States Court of Appeals for the District of Columbia

15 Circuit. No other person or entity shall have the

16 right to seek review of the findings of the Attorney

17 General. For purposes of this paragraph, a petition

18 for review will be deemed to have been timely filed

19 only if it is made within ninety days of publication

20 of the findings of the Attorney General in the Fed21 eral Register. Except for review in the Supreme

22 Court of the United States, the United States Court

23 of Appeals for the District of Columbia Circuit shall

24 have original and exclusive jurisdiction over any re25 view of the findings of the Attorney General. It shall
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1 be the duty of the reviewing court to advance on

2 the docket and to expedite to the greatest possible

3 extent the disposition of any matter brought under

4 this paragraph. In the event that there is issued a

5 final judicial determination upholding the findings of

6 the Attorney General, then the provisions of sub7 sections (b) through (j) shall take effect 180 days

8 after the date of such a final judicial determination.

9 In the event that there is a final judicial determina10 tion invalidating the findings of the Attorney Gen11 eral, subject to subparagraph (6), then the provi12 sions of subsections (b) through (j) shall not take

13 effect. Nothing in this paragraph shall limit the au14 thority of the Attorney General to make new find15 ings pursuant to paragraph (2)(B) at any time after

16 such a final judicial determination.

17 ‘‘(5) EFFECTIVE DATE.—Subject to paragraphs

18 (4) and (6), if the Attorney General finds either that

19 the Commonwealth of the Northern Mariana Islands

20 does not have the institutional capability to meet the

21 minimum standards described in paragraph (2)(A)

22 or has not demonstrated a genuine commitment to

23 enforce an effective system of immigration control

24 consistent with the minimum standards in para25 graph (2)(B), then subsections (b) through (j) shall
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1 take effect 180 days after the finding is published.

2 If the Attorney General determines that the Govern3 ment of the Commonwealth of the Northern Mar4 iana Islands has such institutional capability and

5 genuine commitment, subject to paragraph (6), then

6 the provisions of subsections (b) through (j) shall

7 not take effect.

8 ‘‘(6) SUBSEQUENT FINDINGS.—If the Attorney

9 General finds that the Government of the Common10 wealth of the Northern Mariana Islands meets the

11 requirements of subparagraphs (A) and (B) of para12 graph (2), the Attorney General, every three years

13 thereafter, shall make findings with respect to

14 whether the Government of the Commonwealth of

15 the Northern Mariana Islands continues to meet the

16 requirements of such subparagraphs. The subse17 quent findings of the Attorney General shall be re18 viewable solely pursuant to paragraph (4).

19 ‘‘(b) APPLICATION OF THE IMMIGRATION AND NA20 TIONALITY ACT AND ESTABLISHMENT OF A TRANSITION

21 PROGRAM.—Except as provided in subsection (c), the pro22 visions of the Immigration and Nationality Act (8 U.S.C.

23 1101) shall apply to the Commonwealth of the Northern

24 Mariana Islands: Provided, That there shall be a transi25 tion period not to exceed ten years following the effective
8

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1 date of the provisions of subsections (b) through (j) of this

2 section (except for subsection (e)(2)(I), if needed), during

3 which the Attorney General, in consultation with the Sec4 retaries of State, Labor, and the Interior, shall establish,

5 administer, and enforce a transition program for immigra6 tion to the Commonwealth of the Northern Mariana Is7 lands (the ‘‘transition program’’). The transition program

8 established pursuant to this section shall provide for the

9 issuance of nomimmigrant temporary alien worker visas

10 pursuant to subsection (d), and, under the circumstances

11 set forth in subsection (e), for family-sponsored and em12 ployment-based immigrant visas. The transition program

13 shall be implemented pursuant to regulations to be pro14 mulgated as appropriate by each agency having respon15 sibilities under the transition program.

16 ‘‘(c) EXEMPTION FROM NUMERICAL LIMITATIONS

17 FOR H–2B TEMPORARY WORKERS.—An alien, if other18 wise qualified, may seek admission to the Commonwealth

19 of the Northern Mariana Islands as a temporary worker

20 under section 101(a)(15)(H)(ii)(B) of the Immigration

21 and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(B))

22 without regard to the numerical limitations set forth in

23 section 214(g) of such Act (8 U.S.C. 1184 (g)).

24 ‘‘(d) TEMPORARY ALIEN WORKERS.—The transition

25 program shall conform to the following requirements with
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1 respect to temporary alien workers who would otherwise

2 not be eligible for nonimmigrant classification under the

3 Immigration and Nationality Act:

4 ‘‘(1) Aliens admitted under this subsection shall

5 have the same privileges as nonimmigrants under

6 section 101(a)(15) of the Immigration and Nation7 ality Act (8 US.C. 1258), including the ability to

8 apply, if otherwise eligible, for a change of non9 immigrant status under section 248 of such Act (8

10 U.S.C. 1258), or adjustment of status, if eligible

11 therefor, under this section and section 245(e) of

12 such Act (8 U.S.C. 1255(e)).

13 ‘‘(2)(A) The Secretary of Labor shall establish,

14 administer, and enforce a system for allocating and

15 determining the number, terms, and conditions of

16 permits to be issued to prospective employers for

17 each temporary alien worker who would not other18 wise be eligible for admission under the Immigration

19 and Nationality Act. This system shall provide for a

20 reduction in the allocation of permits for such work21 ers on an annual basis, to zero, over a period not to

22 exceed ten years. In no event shall a permit be valid

23 beyond the expiration of the transition period. This

24 system may be based on any reasonable method and

25 criteria determined by the Secretary of Labor to
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1 promote the maximum use of, and to prevent ad2 verse effects on wages and working conditions of,

3 persons authorized to work in the United States

4 under section 274A of the Immigration and Nation5 ality Act (8 U.S.C. 1324a), and lawfully admissible

6 freely associated state citizen labor.

7 ‘‘(B) The Secretary of Labor is authorized to

8 establish and collect appropriate user fees for the

9 purpose of this section. Amounts collected pursuant

10 to this section shall be deposited in a special fund

11 of the Treasury. Such amounts shall be available, to

12 the extent and in the amounts as provided in ad13 vance in appropriations acts, for the purposes of ad14 ministering this section. Such amounts are author15 ized to be appropriated to remain available until ex16 pended.

17 ‘‘(3) The Attorney General shall set the condi18 tions for admission of nonimmigrant temporary alien

19 workers under the transition program, and the Sec20 retary of State shall authorize the issuance of non21 immigrant visas for aliens to engage in employment

22 only as authorized in this subsection: Provided, That

23 such visas shall not be valid for admission to the

24 United States, as defined in section 101(a)(38) of

25 the Immigration and Nationality Act (8 U.S.C.
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1 1101(a)(38)), except the Commonwealth of the

2 Northern Mariana Islands. An alien admitted to the

3 Commonwealth of the Northern Mariana Islands on

4 the basis of such a nonimmigrant visa shall be per5 mitted to engage in employment only as authorized

6 pursuant to the transition program. No alien shall

7 be granted nonimmigrant classification or a visa

8 under this subsection unless the permit requirements

9 established under paragraph (2) have been met.

10 ‘‘(4) An alien admitted as a nonimmigrant pur11 suant to this subsection shall be permitted to trans12 fer between employers in the Commonwealth of the

13 Northern Mariana Islands during the period of such

14 alien’s authorized stay therein to the extent that

15 such transfer is authorized by the Attorney General

16 in accordance with criteria established by the Attor17 ney General and the Secretary of Labor.

18 ‘‘(e) IMMIGRANTS.—With the exception of immediate

19 relatives (as defined in section 201(b)(2) of the Immigra20 tion and Nationality Act (8 U.S.C. 1151(b)(2)) and, ex21 cept as provided in paragraphs (1) and (2), no alien shall

22 be granted initial admission as a lawful permanent resi23 dent of the United States at a port-of-entry in the Com24 monwealth of the Northern Mariana Islands, or at a port-
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1 of-entry in Guam for the purpose of immigrating to the

2 Commonwealth of the Northern Mariana Islands.

3 ‘‘(1) FAMILY-SPONSORED IMMIGRANT VISAS.—

4 The Attorney General, based on a joint rec5 ommendation of the Governor and Legislature of the

6 Commonwealth of the Northern Mariana Islands,

7 and in consultation with appropriate federal agen8 cies, may establish a specific number of additional

9 initial admissions as a family-sponsored immigrant

10 at a port-of-entry in the Commonwealth of the

11 Northern Mariana Islands, or at a port-of-entry in

12 Guam for the purpose of immigrating to the Com13 monwealth of the Northern Mariana Islands, pursu14 ant to sections 202 and 203(a) of the Immigration

15 and Nationality Act (8 U.S.C. 1152 and 1153(a))

16 during the following fiscal year.

17 ‘‘(2) EMPLOYMENT-BASED IMMIGRANT VISAS.—

18 ‘‘(A) If the Secretary of Labor, upon re19 ceipt of a joint recommendation of the Governor

20 and Legislature of the Commonwealth of the

21 Northern Mariana Islands, finds that excep22 tional circumstances exist with respect to the

23 inability of employers in the Commonwealth of

24 the Northern Mariana Islands to obtain suffi25 cient work-authorized labor, the Attorney Gen-
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1 eral may establish a specific number of employ2 ment-based immigrant visas to be made avail3 able during the following fiscal year under sec4 tion 203(b) of the Immigration and Nationality

5 Act (8 U.S.C. 1153(b)).

6 ‘‘(B) Upon notification by the Attorney

7 General that a number has been established

8 pursuant to subparagraph (A), the Secretary of

9 State may allocate up to that number of visas

10 without regard to the numerical limitations set

11 forth in sections 202 and 203(b)(3)(B) of the

12 Immigration and Nationality Act (8 U.S.C.

13 1152 and 1153(b)(3)(B)). Visa numbers allo14 cated under this subparagraph shall be allo15 cated first from the number of visas available

16 under section 203(b)(3) of such Act (8 U.S.C.

17 1153(b)(3)), or, if such visa numbers are not

18 available, from the number of visas available

19 under section 203(b)(5) of such Act (8 U.S.C.

20 1153(b)(5)).

21 ‘‘(C) Persons granted employment-based

22 immigrant visas under the transition program

23 may be admitted initially at a port-of-entry in

24 the Commonwealth of the Northern Mariana Is25 lands, or at a port-of-entry in Guam for the
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1 purpose of immigrating to the Commonwealth

2 of the Northern Mariana Islands, as lawful per3 manent residents of the United States.

4 ‘‘(D) Any immigrant visa issued pursuant

5 to this paragraph shall be valid only for applica6 tion for initial admission to the Commonwealth

7 of the Northern Mariana Islands. The admis8 sion of any alien pursuant to such an immi9 grant visa shall be an admission for lawful per10 manent residence and employment only in the

11 Commonwealth of the Northern Mariana Is12 lands during the first five years after such ad13 mission. Such admission shall not authorize

14 permanent residence or employment in any

15 other part of the United States during such

16 five-year period. An alien admitted for perma17 nent residence pursuant to this paragraph shall

18 be issued appropriate documentation identifying

19 the person as having been admitted pursuant

20 to the terms and conditions of this transition

21 program, and shall be required to comply with

22 a system for the registration and reporting of

23 aliens admitted for permanent residence under

24 the transition program, to be established by the

25 Attorney General, by regulation, consistent with
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1 the Attorney General’s authority under Chapter

2 7 of Title II of the Immigration and Nationality

3 Act (8 U.S.C. 1301–1306).

4 ‘‘(E) Nothing in this paragraph shall pre5 clude an alien who has obtained lawful perma6 nent resident status pursuant to this paragraph

7 from applying, if otherwise eligible under this

8 section and under the Immigration and Nation9 ality Act for an immigrant visa or admission as

10 a lawful permanent resident under the Immi11 gration and Nationality Act.

12 ‘‘(F) Any alien admitted under this sub13 section, who violates the provisions of this para14 graph, or who is found removable or inadmis15 sible under section 237(a) (8 U.S.C. 1227 (a)),

16 or paragraphs (1), (2), (3), (4)(A), (4)(B), (6),

17 (7), (8), or (9) of section 212(a) (8 U.S.C.

18 1182(a)), shall be removed from the United

19 States pursuant to sections 239, 240, and 241

20 of the Immigration and Nationality Act (8

21 U.S.C. 1229, 1230, and 1231).

22 ‘‘(G) The Attorney General may establish

23 by regulation a procedure by which an alien

24 who has obtained lawful permanent resident

25 status pursuant to this paragraph may apply
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1 for a waiver of the limitations on the terms and

2 conditions of such status. The Attorney General

3 may grant the application for waiver, in the dis4 cretion of the Attorney General, if—

5 ‘‘(i) the alien is not in removal pro6 ceedings,

7 ‘‘(ii) the alien has been a person of

8 good moral character for the preceding five

9 years,

10 ‘‘(iii) the alien has not violated the

11 terms and conditions of the alien’s perma12 nent resident status, and

13 ‘‘(iv) the alien would suffer excep14 tional and extremely unusual hardship

15 were such terms and conditions not

16 waived.

17 ‘‘(H) The limitations on the terms and

18 conditions of an alien’s permanent residence set

19 forth in this paragraph shall expire at the end

20 of five years after the alien’s admission to the

21 Commonwealth of the Northern Mariana Is22 lands as a permanent resident and the alien is

23 thereafter fully subject to the provisions of the

24 Immigration and Nationality Act. Following the

25 expiration of such limitations, the permanent
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1 resident alien may engage in any lawful activ2 ity, including employment, anywhere in the

3 United States. Such an alien, if otherwise eligi4 ble for naturalization, may count the five-year

5 period in the Commonwealth of the Northern

6 Mariana Islands towards time in the United

7 States for purposes of meeting the residence re8 quirements of Title III of the Immigration and

9 Nationality Act.

10 ‘‘(I) SPECIAL PROVISION TO ENSURE ADE11 QUATE EMPLOYMENT IN THE HOTEL INDUSTRY

12 AFTER THE TRANSITION PERIOD ENDS.—Dur13 ing the fiscal year preceding the ninth anniver14 sary of the effective date of this subsection, and

15 in the fourth year of any extension thereafter,

16 the Attorney General and the Secretary of

17 Labor shall consult with the Governor of the

18 Commonwealth of the Northern Mariana Is19 lands to ascertain the current and future labor

20 needs of the hotel industry in the Common21 wealth of the Northern Mariana Islands, and to

22 determine whether a five-year extension of the

23 provisions of this paragraph would be necessary

24 to ensure an adequate number of workers in the

25 hotel industry. If the Attorney General and Sec-
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1 retary of Labor determine that such an exten2 sion is necessary to ensure an adequate number

3 of workers in the hotel industry, the Attorney

4 General shall provide notice by publication in

5 the Federal Register that the provisions of this

6 paragraph will be extended for a five-year pe7 riod with respect to the hotel industry only. The

8 Attorney General may authorize further exten9 sions of this paragraph with respect to the hotel

10 industry in the Commonwealth of the Northern

11 Mariana Islands if, after the Attorney General

12 and the Secretary of Labor have consulted with

13 the Governor of the Commonwealth of the

14 Northern Mariana Islands, the Attorney Gen15 eral determines that a further extension is re16 quired to ensure an adequate number of work17 ers in the hotel industry in the Commonwealth

18 of the Northern Mariana Islands.

19 ‘‘(f) NONIMMIGRANT INVESTOR VISAS.—

20 ‘‘(1) Notwithstanding the treaty requirements

21 in section 101(a)(15)(e) of the Immigration and Na22 tionality Act (8 U.S.C. 1101(a)(15)(E)), the Attor23 ney General may, upon the application of the alien

24 classify an alien as a nonimmigrant under section
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1 101(a)(15)(E)(ii) of the Immigration and Nation2 ality Act (8 U.S.C. 1101(a)(15)(E)(ii)) if the alien—

3 ‘‘(A) has been admitted to the Common4 wealth of the Northern Mariana Islands in

5 long-term investor status under the immigration

6 laws of the Commonwealth of the Northern

7 Mariana Islands on or before the effective date

8 of this subsection;

9 ‘‘(B) has continuously maintained resi10 dence in the Commonwealth of the Northern

11 Mariana Islands under long-term investor sta12 tus;

13 ‘‘(C) is otherwise admissible; and

14 ‘‘(D) maintains the investment or invest15 ments that formed the basis for such long-term

16 investor status.

17 ‘‘(2) Within 180 days after the effective date of

18 this subsection, the Attorney General and the Sec19 retary of State shall jointly publish regulations in

20 the Federal Register to implement this subsection.

21 ‘‘(3) The Attorney General shall treat an alien

22 that meets the requirements of paragraph (1) as a

23 nonimmigrant under section 101(a)(15)(E)(ii) of the

24 Immigration and Nationality Act (8 U.S.C.
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1 1101(a)(15)(E)(ii)) until the regulations imple2 menting this subsection are published.

3 ‘‘(g) PERSONS LAWFULLY ADMITTED UNDER THE

4 COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

5 IMMIGRATION LAW.—Notwithstanding subsection (d) of

6 this section, persons who would have been lawfully present

7 in the Commonwealth of the Northern Mariana Islands

8 pursuant to the immigration laws of the Commonwealth

9 of the Northern Mariana Islands on the effective date of

10 this subsection, shall be permitted to remain in the Com11 monwealth of the Northern Mariana Islands for the com12 pletion of the period of admission under such laws, or for

13 two years, whichever is less.

14 ‘‘(h) TRAVEL RESTRICTIONS FOR CERTAIN APPLI15 CANTS FOR ASYLUM.—Any alien admitted to the Com16 monwealth of the Northern Mariana Islands pursuant to

17 the immigration laws of the Commonwealth of the North18 ern Mariana Islands or pursuant to subsections (d) or (e)

19 of this section who files an application seeking asylum in

20 the United States shall be required, pursuant to regula21 tions established by the Attorney General, to remain in

22 the Commonwealth of the Northern Mariana Islands, dur23 ing the period of time the application is being adjudicated

24 or during any appeals filed subsequent to such adjudica25 tion. An applicant for asylum who, during the time his
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1 application is being adjudicated or during any appeals

2 filed subsequent to such adjudication, leaves the Common3 wealth of the Northern Mariana Islands of his own will

4 without prior authorization by the Attorney General there5 by abandons the application.

6 ‘‘(i) EFFECT ON OTHER LAWS.—The provisions of

7 this section and the Immigration and Nationality Act, as

8 amended by the Northern Mariana Islands Covenant Im9 plementation Act, shall supersede and replace all laws,

10 provisions, or programs of the Commonwealth of the

11 Northern Mariana Islands relating to the admission of

12 aliens and the removal of aliens from the Commonwealth

13 of the Northern Mariana Islands.

14 ‘‘(j) ACCRUAL OF TIME FOR PURPOSES OF SECTION

15 212(a)(9)(B) OF THE IMMIGRATION AND NATIONALITY

16 ACT, AS AMENDED.—No time that an alien was present

17 in violation of the laws of the Commonwealth of the North18 ern Mariana Islands shall be counted for purposes of the

19 ground of inadmissibility in section 212(a)(9)(B) of the

20 Immigration and Nationalities Act (8 U.S.C.

21 1182(a)(9)(B)) prior to the date of enactment of this sub22 section.’’

23 (b) CONFORMING AMENDMENTS.—(1) Section

24 101(a) of the Immigration and Nationality Act (8 U.S.C.

25 101(a)) is amended:
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1 (A) in paragraph (36), by deleting ‘‘and the

2 Virgin Islands of the United States.’’ and sub3 stituting ‘‘the Virgin Islands of the United States,

4 and the Commonwealth of the Northern Mariana Is5 lands.’’, and;

6 (B) in paragraph (38), by deleting ‘‘and the

7 Virgin Islands of the United States’’ and sub8 stituting ‘‘the Virgin Islands of the United States,

9 and the Commonwealth of the Northern Mariana Is10 lands.’’.

11 (2) Section 212(1) of the Immigration and Nation12 ality Act (8 U.S.C. 1182(1)) is amended—

13 (A) in paragraph (1)—

14 (i) by striking ‘‘stay on Guam’’, and insert15 ing ‘‘stay on Guam and the Commonwealth of

16 the Northern Mariana Islands’’,

17 (ii) by inserting ‘‘a total of ’’ after ‘‘ex18 ceed’’, and

19 (iii) by striking the words ‘‘after consulta20 tion with the Governor of Guam,’’ and inserting

21 ‘‘after respective consultation with the Governor

22 of Guam or the Governor of the Commonwealth

23 of the Northern Mariana Islands,’’;

24 (B) in paragraph (1)(A), by striking ‘‘on

25 Guam’’, and inserting ‘‘on Guam or the Common-
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1 wealth of the Northern Mariana Islands, respec2 tively.’’.

3 (C) in paragraph (2)(A), by striking ‘‘into

4 Guam’’, and inserting ‘‘into Guam or the Common5 wealth of the Northern Mariana Islands, respec6 tively,’’;

7 (D) in paragraph (3), by striking ‘‘Government

8 of Guam’’ and inserting ‘‘Government of Guam or

9 the Government of the Commonwealth of the North10 ern Mariana Islands’’.

11 (3) The amendments to the Immigration and Natu12 ralization Act made by this subsection shall take effect

13 when sections 6(b) through 6(j) of Public Law 94–241

14 take effect.

15 (c) TECHNICAL ASSISTANCE PROGRAM.—The Secre16 taries of Interior and Labor, in consultation with the Com17 monwealth of the Northern Mariana Islands, shall develop

18 a program of technical assistance, including recruitment

19 and training, to aid employers in securing employees from

20 among United States labor or lawfully admissible freely

21 associated state citizen labor.

22 (d) DEPARTMENT OF JUSTICE AND DEPARTMENT OF

23 LABOR OPERATIONS.—The Attorney General and the De24 partment of Labor are authorized to establish and main25 tain Immigration and Naturalization Service, Executive
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1 Office of Immigration Review, and Department of Labor

2 operations in the Commonwealth of the Northern Mariana

3 Islands for the purpose of performing their responsibilities

4 under the Immigration and Nationality act, as amended,

5 and under the transition program. To the extent prac6 ticable and consistent with the satisfactory performance

7 of their assigned responsibilities under applicable law, the

8 Departments of Justice and Labor shall recruit and hire

9 from among qualified applicants resident in the Common10 wealth of the Northern Mariana Islands for staffing such

11 operations.

12 (e) REPORT TO THE CONGRESS.—The President

13 shall report to the Senate Committee on Energy and Nat14 ural Resources, and the House Committee on Resources,

15 within six months after the fifth anniversary of the enact16 ment of this Act, evaluating the overall effect of the transi17 tion program and the Immigration and Nationality Act on

18 the Commonwealth of the Northern Mariana Islands, and

19 at other times as the President deems appropriate.

20 (f) LIMITATION ON NUMBER OF TEMPORARY WORK21 ERS PRIOR TO FINDINGS OF THE ATTORNEY GENERAL

22 OR APPLICATION OF THE IMMIGRATION AND NATION23 ALITY ACT, AS AMENDED, AND ESTABLISHMENT OF THE

24 TRANSITION PROGRAM.—During the period between en25 actment of this Act and either the date that the Attorney
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1 General finds that the Government of the Commonwealth

2 of the Northern Mariana Islands possesses the institu3 tional capability and genuine commitment to enforce an

4 effective system of immigration control under section

5 6(a)(2) of Public Law 94–241 (as amended by this Act),

6 or, if the Attorney General finds that the Government of

7 the Commonwealth of the Northern Marianas fails to meet

8 such conditions, the effective date of the transition pro9 gram established under section 6 of such Act, the Govern10 ment of the Commonwealth of the Northern Mariana Is11 lands shall not permit an increase in the total number of

12 temporary alien workers who are legally present in the

13 Commonwealth of the Northern Mariana Islands on the

14 date of enactment of this section.

15 (g) APPROPRIATIONS.—There are authorized to be

16 appropriated such sums as may be necessary to carry out

17 the purposes of this section and of the Immigration and

18 Nationality Act with respect to the Commonwealth of the

19 Northern Mariana Islands.

20 (h) EFFECTIVE DATE.—Subsections (c) through (g)

21 of this section shall take effect when sections 6(b) through

22 6(j) of Public Law 94–241 take effect.

Æ