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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1052 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                S. 1052

_______________________________________________________________________

                                 AN ACT

 
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.

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

SECTION 1. SHORT TITLE AND PURPOSE.

    (a) Short Title.--This Act may be cited as the ``Northern Mariana 
Islands Covenant Implementation Act''.
    (b) Statement of Purpose.--In recognition of the need to ensure 
uniform adherence to long-standing fundamental immigration policies of 
the United States, it is the intention of Congress in enacting this 
legislation--
            (1) to ensure effective immigration control by extending 
        the Immigration and Nationality Act, as amended (8 U.S.C. 1101 
        et seq.), in full to the Commonwealth of the Northern Mariana 
        Islands, with special provisions to allow for the orderly 
        phasing-out of the nonresident contract worker program of the 
        Commonwealth of the Northern Mariana Islands, and the orderly 
        phasing-in of Federal responsibilities over immigration in the 
        Commonwealth of the Northern Mariana Islands;
            (2) to minimize, to the greatest extent possible, potential 
        adverse effects this orderly phase-out might have on the 
        economy of the Commonwealth of the Northern Mariana Islands by:
                    (A) encouraging diversification and growth of the 
                economy of the Commonwealth of the Northern Mariana 
                Islands consistent 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 and other elected officials of the Government 
                of the Commonwealth of the Northern Mariana Islands by 
                Federal agencies and by considering the views and 
                recommendations of such officials in the implementation 
                and enforcement of Federal law by Federal agencies;
                    (C) assisting the Commonwealth of the Northern 
                Mariana Islands to achieve a progressively higher 
                standard of living for its citizens through the 
                provision of technical and other assistance;
                    (D) providing opportunities for persons authorized 
                to work in the United States, including lawfully 
                admissible freely associated state citizen labor; and
                    (E) ensuring the ability of the locally elected 
                officials by the Commonwealth of the Northern Mariana 
                Islands to make fundamental policy decisions regarding 
                the direction and pace of the economic development and 
                growth of the Commonwealth of the Northern Mariana 
                Islands, consistent with the fundamental national 
                values underlying Federal immigration policy.

SEC. 2. IMMIGRATION REFORM FOR THE COMMONWEALTH OF THE NORTHERN MARIANA 
              ISLANDS.

    (a) Amendments to Act Approving the Covenant To Establish a 
Commonwealth of the Northern Mariana Islands in Political Union With 
the United States of America.--Public Law 94-241 (90 Stat. 263), as 
amended, is further amended by adding at the end thereof the following:

``SEC. 6. IMMIGRATION AND TRANSITION.

    ``(a) Application of the Immigration and Nationality Act and 
Establishment of a Transition Program.--Effective on the first day of 
the first full month commencing one year after the date of enactment of 
the Northern Mariana Islands Covenant Implementation Act (hereafter the 
``transition program effective date''), the provisions of the 
Immigration and Nationality Act, as amended (8 U.S.C. 1101 et seq.) 
shall apply to the Commonwealth of the Northern Mariana Islands: 
Provided, That there shall be a transition period ending December 31, 
2009 (except for subsection (d)(2)(D)), following the transition 
program effective date, during which the Attorney General of the United 
States (hereafter ``Attorney General''), in consultation with the 
United States Secretaries of State, Labor, and the Interior, shall 
establish, administer, and enforce a transition program for immigration 
to the Commonwealth of the Northern Mariana Islands provided in 
subsections (b), (c), (d), (e), (f), and (i) of this section (hereafter 
the ``transition program''). The transition program shall be 
implemented pursuant to regulations to be promulgated as appropriate by 
each agency having responsibilities under the transition program.
    ``(b) Exemption From Numerical Limitations for H-2B Temporary 
Workers.--An alien, if otherwise qualified, may seek admission to the 
Commonwealth of the Northern Mariana Islands as a temporary worker 
under section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)) without counting against the 
numerical limitations set forth in section 214(g) of such Act (8 U.S.C. 
1184(g)).
    ``(c) Temporary Alien Workers.--The transition program shall 
conform to the following requirements with respect to temporary alien 
workers who would otherwise not be eligible for nonimmigrant 
classification under the Immigration and Nationality Act:
            ``(1) Aliens admitted under this subsection shall be 
        treated as nonimmigrants under 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, if eligible 
        therefor, under this section and section 245 of such Act (8 
        U.S.C. 1255).
            ``(2)(A) The United States Secretary of Labor 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 temporary alien worker 
        who would not otherwise be eligible for admission under the 
        Immigration and Nationality Act. This system shall provide for 
        a reduction in the allocation of permits for such workers on an 
        annual basis, to zero, over a period not to extend beyond 
        December 31, 2009, and shall take into account the number of 
        petitions granted under subsection (i). In no event shall a 
        permit be valid beyond the expiration of the transition period. 
        This system may be based on any reasonable method and criteria 
        determined by the United States Secretary of Labor to promote 
        the maximum use of, and to prevent adverse effects on wages and 
        working conditions of, persons authorized to work in the United 
        States, including lawfully admissible freely associated state 
        citizen labor, taking into consideration the objective of 
        providing as smooth a transition as possible to the full 
        application of federal law.
            ``(B) The United States Secretary of Labor is authorized to 
        establish and collect appropriate user fees for the purposes of 
        this section. Amounts collected pursuant to this section shall 
        be deposited in a special fund of the Treasury. Such amounts 
        shall be available, to the extent and in the amounts as 
        provided in advance in appropriations acts, for the purposes of 
        administering this section. Such amounts are authorized to be 
        appropriated to remain available until expended.
            ``(3) The Attorney General shall set the conditions for 
        admission of nonimmigrant temporary alien workers under the 
        transition program, and the United States Secretary of State 
        shall authorize the issuance of nonimmigrant visas for aliens 
        to engage in employment only as authorized in this subsection: 
        Provided, That such visas 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 
        the Commonwealth of the Northern Mariana Islands. An alien 
        admitted to the Commonwealth of the Northern Mariana Islands on 
        the basis of such a nonimmigrant visa shall be permitted to 
        engage in employment only as authorized pursuant to the 
        transition program. No alien shall be granted nonimmigrant 
        classification or a visa under this subsection unless the 
        permit requirements established under paragraph (2) have been 
        met.
            ``(4) An alien admitted as a nonimmigrant pursuant to this 
        subsection shall be permitted to transfer between employers in 
        the Commonwealth of the Northern Mariana Islands during the 
        period of such alien's authorized stay therein, without advance 
        permission of the employee's current or prior employer, to the 
        extent that such transfer is authorized by the Attorney General 
        in accordance with criteria established by the Attorney General 
        and the United States Secretary of Labor.
    ``(d) Immigrants.--With the exception of immediate relatives (as 
defined in section 201(b)(2) of the Immigration and Nationality Act (8 
U.S.C. 1151(b)(2)) and persons granted an immigrant visa as provided in 
paragraphs (1) and (2) of this subsection, no alien shall be granted 
initial admission as a lawful permanent resident of the United States 
at a port-of-entry in the Commonwealth of the Northern Mariana Islands, 
or a port-of-entry in Guam for the purpose of immigrating to the 
Commonwealth of the Northern Mariana Islands.
            ``(1) Family-sponsored immigrant visas.--For any fiscal 
        year during which the transition program will be in effect, the 
        Attorney General, after consultation with the Governor and the 
        leadership of the Legislature of the Commonwealth of the 
        Northern Mariana Islands, and in consultation with appropriate 
        federal agencies, may establish a specific number of additional 
        initial admissions as a family-sponsored immigrant at a port-
        of-entry in the Commonwealth of the Northern Mariana Islands, 
        or at a port-of-entry in Guam for the purpose of immigrating to 
        the Commonwealth of the Northern Mariana Islands, pursuant to 
        sections 202 and 203(a) of the Immigration and Nationality Act 
        (8 U.S.C. 1152 and 1153(a)).
            ``(2) Employment-based immigrant visas.--
                    ``(A) If the Attorney General, after consultation 
                with the United States Secretary of Labor and the 
                Governor and the leadership of the Legislature of the 
                Commonwealth of the Northern Mariana Islands, finds 
                that exceptional circumstances exist with respect to 
                the inability of employers in the Commonwealth of the 
                Northern Mariana Islands to obtain sufficient work-
                authorized labor, the Attorney General may establish a 
                specific number of employment-based immigrant visas 
                that will not count against the numerical limitations 
                under section 203(b) of the Immigration and Nationality 
                Act (8 U.S.C. 1153(b)). The labor certification 
                requirements of section 212(a)(5) of the Immigration 
                and Nationality Act, as amended (8 U.S.C. 1182(a)(5)) 
                shall not apply to an alien seeking immigration 
                benefits under this subsection.
                    ``(B) Persons granted employment-based immigrant 
                visas under the transition program may be admitted 
                initially at a port-of-entry in the Commonwealth of the 
                Northern Mariana Islands, or at a port-of-entry in Guam 
                for the purpose of immigrating to the Commonwealth of 
                the Northern Mariana Islands, as lawful permanent 
                residents of the United States. Persons who would 
                otherwise be eligible for lawful permanent residence 
                under the transition program, and who would otherwise 
                be eligible for an adjustment of status, may have their 
                status adjusted within the Commonwealth of the Northern 
                Mariana Islands to that of an alien lawfully admitted 
                for permanent residence.
                    ``(C) 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.
                    ``(D) Special provision to ensure adequate 
                employment in the tourism industry after the transition 
                period ends.--
                            ``(i) During 2008, and in 2014 if a five 
                        year extension was granted, the Attorney 
                        General and the United States Secretary of 
                        Labor shall consult with the Governor of the 
                        Commonwealth of the Northern Mariana Islands 
                        and tourism businesses in the Commonwealth of 
                        the Northern Mariana Islands to ascertain the 
                        current and future labor needs of the tourism 
                        industry in the Commonwealth of the Northern 
                        Mariana Islands, and to determine whether a 
                        five-year extension of the provisions of this 
                        paragraph (d)(2) would be necessary to ensure 
                        an adequate number of workers for legitimate 
                        businesses in the tourism industry. For the 
                        purpose of this section, a business shall not 
                        be considered legitimate if it engages directly 
                        or indirectly in prostitution or any activity 
                        that is illegal under Federal or local law. The 
                        determination of whether a business is 
                        legitimate and whether it is sufficiently 
                        related to the tourism industry shall be made 
                        by the Attorney General in his sole discretion 
                        and shall not be reviewable. If the Attorney 
                        General after consultation with the United 
                        States Secretary of Labor determines, in the 
                        Attorney General's sole discretion, that such 
                        an extension is necessary to ensure an adequate 
                        number of workers for legitimate businesses in 
                        the tourism industry, the Attorney General 
                        shall provide notice by publication in the 
                        Federal Register that the provisions of this 
                        paragraph will be extended for a five-year 
                        period with respect to the tourism industry 
                        only. The Attorney General may authorize one 
                        further extension of this paragraph with 
                        respect to the tourism industry in the 
                        Commonwealth of the Northern Mariana Islands 
                        if, after the Attorney General consults with 
                        the United States Secretary of Labor and the 
                        Governor of the Commonwealth of the Northern 
                        Mariana Islands, and local tourism businesses, 
                        the Attorney General determines, in the 
                        Attorney General's sole discretion, that a 
                        further extension is required to ensure an 
                        adequate number of workers for legitimate 
                        businesses in the tourism industry in the 
                        Commonwealth of the Northern Mariana Islands.
                            ``(ii) The Attorney General, after 
                        consultation with the Governor of the 
                        Commonwealth of the Northern Mariana Islands 
                        and the United States Secretary of Labor and 
                        the United States Secretary of Commerce, may 
                        extend the provisions of this paragraph (d)(2) 
                        to legitimate businesses in industries outside 
                        the tourism industry for a single five year 
                        period if the Attorney General, in the Attorney 
                        General's sole discretion, concludes that such 
                        extension is necessary to ensure an adequate 
                        number of workers in that industry and that the 
                        industry is important to growth or 
                        diversification of the local economy.
                            ``(iii) In making his determination for the 
                        tourism industry or for industries outside the 
                        tourism industry, the Attorney General shall 
                        take into consideration the extent to which a 
                        training and recruitment program has been 
                        implemented to hire persons authorized to work 
                        in the United States, including lawfully 
                        admissible freely associated state citizen 
                        labor to work in such industry. No additional 
                        extension beyond the initial five year period 
                        may be granted for any industry outside the 
                        tourism industry or for the tourism industry 
                        beyond a second extension. If an extension is 
                        granted, the Attorney General shall submit a 
                        report to the Committee on Energy and Natural 
                        Resources of the Senate and the Committee on 
                        Resources of the House of Representatives 
                        setting forth the reasons for the extension and 
                        whether he believes authority for additional 
                        extensions should be enacted.
    ``(e) Nonimmigrant Investor Visas.--
            ``(1) Notwithstanding the treaty requirements in section 
        101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(E)), the Attorney General may, upon the application 
        of the alien, classify an alien as a 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 of the 
                Northern Mariana Islands in long-term investor status 
                under the immigration laws of the Commonwealth of the 
                Northern Mariana Islands before the transition program 
                effective date;
                    ``(B) has continuously maintained residence in the 
                Commonwealth of the Northern Mariana Islands 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) Within 180 days after the transition program 
        effective date, the Attorney General and the United States 
        Secretary of State shall jointly publish regulations in the 
        Federal Register to implement this subsection.
            ``(3) The Attorney General shall treat an alien who meets 
        the requirements of paragraph (1) as a nonimmigrant under 
        section 101(a)(15)(E)(ii) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(15)(E)(ii) until the regulations 
        implementing this subsection are published.
    ``(f) Persons Lawfully Admitted Under the Commonwealth of the 
Northern Mariana Islands Immigration Law.--
            ``(1) No alien who is lawfully present in the Commonwealth 
        of the Northern Mariana Islands pursuant to the immigration 
        laws of the Commonwealth of the Northern Mariana Islands on the 
        transition program effective date shall be removed from the 
        United States on the ground that such alien's presence in the 
        Commonwealth of the Northern Mariana Islands is in violation of 
        subparagraph 212(a)(6)(A) of the Immigration and Nationality 
        Act, as amended, until completion of the period of the alien's 
        admission under the immigration laws of the Commonwealth of the 
        Northern Mariana Islands, or the second anniversary of the 
        transition program effective date, whichever comes first. 
        Nothing in this subsection shall be construed to prevent or 
        limit the removal under subparagraph 212(a)(6)(A) of such an 
        alien at any time, if the alien entered the Commonwealth of the 
        Northern Mariana Islands after the date of enactment of the 
        Northern Mariana Islands Covenant Implementation Act, and the 
        Attorney General has determined that the Government of the 
        Commonwealth of the Northern Mariana Islands violated 
        subsection (f) of such Act.
            ``(2) Any alien who is lawfully present and authorized to 
        be employed in the Commonwealth of the Northern Mariana Islands 
        pursuant to the immigration laws of the Commonwealth of the 
        Northern Mariana Islands on the transition program effective 
        date shall be considered authorized by the Attorney General to 
        be employed in the Commonwealth of the Northern Mariana Islands 
        until the expiration of the alien's employment authorization 
        under the immigration laws of the Commonwealth of the Northern 
        Mariana Islands, or the second anniversary of the transition 
        program effective date, whichever comes first.
    ``(g) Effect on Other Laws.--The provisions of this section and the 
Immigration and Nationality Act, as amended by the Northern Mariana 
Islands Covenant Implementation Act, shall, on the transition program 
effective date, supersede and replace all laws, provisions, or programs 
of the Commonwealth of the Northern Mariana Islands relating to the 
admission of aliens and the removal of aliens from the Commonwealth of 
the Northern Mariana Islands.
    ``(h) Accrual of Time for Purposes of Section 212(a)(9)(B) of the 
Immigration and Nationality Act, as Amended.--No time that an alien is 
present in violation of the immigration laws of the Commonwealth of the 
Northern Mariana Islands shall by reason of such violation be counted 
for purposes of the ground of inadmissibility in section 212(a)(9)(B) 
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)).
    ``(i) One-Time Grandfather Provision for Certain Long-Term 
Employees.--
            ``(1) An alien may be granted an immigrant visa, or have 
        his or her status adjusted in the Commonwealth of the Northern 
        Mariana Islands to that of an alien lawfully admitted for 
        permanent residence, without counting against the numerical 
        limitations set forth in sections 202 and 203(b) of the 
        Immigration and Nationality Act, as amended (8 U.S.C. 1152, 
        1153(b)), and subject to the limiting terms and conditions of 
        an alien's permanent residence set forth in paragraphs (B) and 
        (C) of subsection (d)(2), if:
                    ``(A) the alien is employed directly by an employer 
                in a business that the Attorney General has determined 
                is legitimate;
                    ``(B) the employer has filed a petition for 
                classification of the alien as an employment-based 
                immigrant with the Attorney General pursuant to section 
                204 of the Immigration and Nationality Act, as amended, 
                not later than 180 days following the transition 
                program effective date;
                    ``(C) the alien has been lawfully present in the 
                Commonwealth of the Northern Mariana Islands and 
                authorized to be employed in the Commonwealth of the 
                Northern Mariana Islands for the four-year period 
                immediately preceding the filing of the petition;
                    ``(D) the alien has been employed continuously in 
                that business by the petitioning employer for the four-
                year period immediately preceding the filing of the 
                petition;
                    ``(E) the alien continues to be employed in that 
                business by the petitioning employer at the time the 
                immigrant visa is granted or the alien's status is 
                adjusted to permanent resident;
                    ``(F) the petitioner's business has a reasonable 
                expectation of generating sufficient revenue to 
                continue to employ the alien in that business for the 
                succeeding four years; and
                    ``(G) the alien is otherwise eligible for admission 
                to the United States under the provisions of the 
                Immigration and Nationality Act, as amended (8 U.S.C. 
                1101, et seq.).
            ``(2) The labor certification requirements of section 
        212(a)(5) of the Immigration and Nationality Act, as amended (8 
        U.S.C. 1182(a)(5)) shall not apply to an alien seeking 
        immigration benefits under this subsection.
            ``(3) The fact that an alien is the beneficiary of an 
        application for a preference status that was filed with the 
        Attorney General under section 204 of the Immigration and 
        Nationality Act, as amended (8 U.S.C. 1154) for the purpose of 
        obtaining benefits under this subsection, or has otherwise 
        sought permanent residence pursuant to this subsection, shall 
        not render the alien ineligible to obtain or maintain the 
        status of a nonimmigrant under this Act or the Immigration and 
        Nationality Act, as amended, if the alien is otherwise eligible 
        for such nonimmigrant status.''.
    ``(j) Statutory Construction.--Nothing in this section may be 
construed to count the issuance of any visa to an alien, or the grant 
of any admission of an alien, under this section toward any numerical 
limitation contained in the Immigration and Nationality Act.''.
    (b) Conforming Amendments.--(1) Section 101(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)) is amended:
            (A) in paragraph (36), by deleting ``and the Virgin Islands 
        of the United States.'' and substituting ``the Virgin Islands 
        of the United States, and the Commonwealth of the Northern 
        Mariana Islands.'', and;
            (B) in paragraph (38), by deleting ``and the Virgin Islands 
        of the United States'' and substituting ``the Virgin Islands of 
        the United States, and the Commonwealth of the Northern Mariana 
        Islands.''.
    (2) Section 212(l) of the Immigration and Nationality Act (8 U.S.C. 
1182(l)) is amended--
            (A) in paragraph (1)--
                    (i) by striking ``stay on Guam'', and inserting 
                ``stay on Guam or the Commonwealth of the Northern 
                Mariana Islands'',
                    (ii) by inserting ``a total of'' after ``exceed'', 
                and
                    (iii) by striking the words ``after consultation 
                with the Governor of Guam,'' and inserting ``after 
                respective consultation with the Governor of Guam or 
                the Governor of the Commonwealth of the Northern 
                Mariana Islands,'';
            (B) in paragraph (1)(A), by striking ``on Guam'', and 
        inserting ``on Guam or the Commonwealth of the Northern Mariana 
        Islands, respectively,'';
            (C) in paragraph (2)(A), by striking ``into Guam'', and 
        inserting ``into Guam or the Commonwealth of the Northern 
        Mariana Islands, respectively,''; and
            (D) in paragraph (3), by striking ``Government of Guam'' 
        and inserting ``Government of Guam or the Government of the 
        Commonwealth of the Northern Mariana Islands''.
    (3) The amendments to the Immigration and Nationality Act made by 
this subsection shall take effect on the first day of the first full 
month commencing one year after the date of enactment of the Northern 
Mariana Islands Covenant Implementation Act.
    (c) Technical Assistance Program.--The United States Secretaries of 
Interior and Labor, in consultation with the Governor of the 
Commonwealth of the Northern Mariana Islands, shall develop a program 
of technical assistance, including recruitment and training, to aid 
employers in the Commonwealth of the Northern Mariana Islands in 
securing employees from among United States authorized labor, including 
lawfully admissible freely associated state citizen labor. In addition, 
for the first five fiscal years following the fiscal year when this 
section is enacted, $500,000 shall be made available from funds 
appropriated to the Secretary of the Interior pursuant to Public Law 
104-134 for the Federal-CNMI Immigration, Labor and Law Enforcement 
Initiative for the following activities:
            (1) $200,000 shall be available to reimburse the United 
        States Secretary of Commerce for providing additional technical 
        assistance and other support to the Commonwealth of the 
        Northern Mariana Islands to identify opportunities for and 
        encourage diversification and growth of the Commonwealth 
        economy. The United States Secretary of Commerce shall consult 
        with the Government of the Commonwealth of the Northern Mariana 
        Islands, local businesses, the United States Secretary of the 
        Interior, regional banks, and other experts in the local 
        economy and shall assist in the development and implementation 
        of a process to identify opportunities for and encourage 
        diversification and growth of the Commonwealth economy. All 
        expenditures, other than for the costs of Federal personnel, 
        shall require a non-Federal matching contribution of 50 percent 
        and the United States Secretary of Commerce shall provide a 
        report on activities to the Committee on Energy and Natural 
        Resources and the Committee on Appropriations of the Senate and 
        the Committee on Resources and the Committee on Appropriations 
        of the House of Representatives by March 1 of each year. The 
        United States Secretary of Commerce may supplement the funds 
        provided under this section with other funds and resources 
        available to him and shall undertake such other activities, 
        pursuant to existing authorities of the Department, as he 
        decides will encourage diversification and growth of the 
        Commonwealth economy. If the United States Secretary of 
        Commerce concludes that additional workers may be needed to 
        achieve diversification and growth of the Commonwealth economy, 
        the Secretary shall promptly notify the Attorney General and 
        the United States Secretary of Labor and shall also notify the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Resources of the House of Representatives of his 
        conclusion with an explanation of how many workers may be 
        needed, over what period of time such workers will be needed, 
        and what efforts are being undertaken to train and actively 
        recruit and hire persons authorized to work in the United 
        States, including lawfully admissible freely associated state 
        citizen labor to work in such businesses.
            (2) $300,000 shall be available to reimburse the United 
        States Secretary of Labor for providing additional technical 
        and other support to the Commonwealth of the Northern Mariana 
        Islands to train and actively recruit and hire persons 
        authorized to work in the United States, including lawfully 
        admissible freely associated state citizen labor, to fill 
        employment vacancies in the Commonwealth of the Northern 
        Mariana Islands. The United States Secretary of Labor shall 
        consult with the Governor of the Commonwealth of the Northern 
        Mariana Islands, local businesses, the College of the Northern 
        Marianas, the United States Secretary of the Interior and the 
        United States Secretary of Commerce and shall assist in the 
        development and implementation of such a training program. All 
        expenditures, other than for the costs of Federal personnel, 
        shall require a non-Federal matching contribution of 50 percent 
        and the United States Secretary of Labor shall provide a report 
        on activities to the Committee on Energy and Natural Resources 
        and the Committee on Appropriations of the Senate and the 
        Committee on Resources and the Committee on Appropriations of 
        the House of Representatives by March 1 of each year. The 
        United States Secretary of Labor may supplement the funds 
        provided under this section with other funds and resources 
        available to him and shall undertake such other activities, 
        pursuant to existing authorities of the Department, as he 
        decides will assist in such a training program in the 
        Commonwealth of the Northern Mariana Islands.
    (d) Department of Justice and Department of Labor Operations.--The 
Attorney General and the United States Secretary of Labor are 
authorized to establish and maintain Immigration and Naturalization 
Service, Executive Office for Immigration Review, and United States 
Department of Labor operations in the Commonwealth of the Northern 
Mariana Islands for the purpose of performing their responsibilities 
under the Immigration and Nationality Act, as amended, and under the 
transition program. To the extent practicable and consistent with the 
satisfactory performance of their assigned responsibilities under 
applicable law, the United States Departments of Justice and Labor 
shall recruit and hire from among qualified applicants resident in the 
Commonwealth of the Northern Mariana Islands for staffing such 
operations.
    (e) Report to the Congress.--The President shall report to the 
Senate Committee on Energy and Natural Resources, and the House 
Committee on Resources, within six months after the fifth anniversary 
of the enactment of this Act, evaluating the overall effect of the 
transition program and the Immigration and Nationality Act on the 
Commonwealth of the Northern Mariana Islands, and at other times as the 
President deems appropriate. The report shall describe what efforts 
have been undertaken to diversify and strengthen the local economy, 
including, but not limited to, efforts to promote the Commonwealth of 
the Northern Mariana Islands as a tourist destination.
    (f) Limitation on Number of Alien Workers Prior to Application of 
the Immigration and Nationality Act, as Amended, and Establishment of 
the Transition Program.--During the period between enactment of this 
Act and the effective date of the transition program established under 
section 6 of Public Law 94-241, as amended by this Act, the Government 
of the Commonwealth of the Northern Mariana Islands shall not permit an 
increase in the total number of alien workers who are present in the 
Commonwealth of the Northern Mariana Islands on the date of enactment 
of this Act.
    (g) Appropriations.--There are authorized to be appropriated such 
sums as may be necessary to carry out the purposes of this section and 
of the Immigration and Nationality Act with respect to the Commonwealth 
of the Northern Mariana Islands.

            Passed the Senate February 7, 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                S. 1052

_______________________________________________________________________

                                 AN ACT

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.

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