II

103D CONGRESS

1ST SESSION S. 1409

To limit the funding to the Northern Mariana Islands pursuant to the

provisions set forth in the Agreement of the Special Representatives

on Future Federal Financial Assistance, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 6 (legislative day, JUNE 30), 1993

Mr. JOHNSTON introduced the following bill; which was read twice and

referred to the Committee on Energy and Natural Resources

A BILL

To limit the funding to the Northern Mariana Islands pursuant to the provisions set forth in the Agreement of

the Special Representatives on Future Federal Financial

Assistance, 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 SEC. 2. Public Law 94–241 (90 Stat. 263), as

4 amended, is further amended by striking ‘‘law’’ in sub5 section (b) of section 4 and inserting in lieu thereof ‘‘law:

6 Provided, That for fiscal years 1994 through 1998, pay7 ments shall be limited to the provisions set forth in the

8 Agreement of the Special Representatives on Future Fed-
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S 1409 IS

1 eral Financial Assistance of the Northern Mariana Is2 lands, executed on December 17, 1992, between the spe3 cial representative of the President and the special rep4 resentatives of the Governor of the Northern Mariana Is5 lands for the first five years of such 1992 Agreement: Pro6 vided further, That no amendment to such 1992 Agree7 ment may take effect until approved by an Act of Con8 gress: Provided further, That after fiscal year 1998, the

9 amount shall continue at the annual amount of

10 $27,720,000, unless Congress otherwise provides by law.

11 ‘‘(c) No funds made available in accordance with the

12 1992 Agreement referred to in subsection (b) shall be obli13 gated until sixty days after the Secretary of the Interior

14 certifies, together with findings, after the date of enact15 ment of this provision, and each fiscal year thereafter, to

16 the Committee on Natural Resources of the House of Rep17 resentatives, and the Committee on Energy and Natural

18 Resources of the Senate, that the following conditions

19 have been fulfilled, to the extent such condition is applica20 ble in such fiscal year, and no such funds shall be obli21 gated for additional projects thereafter if the Secretary of

22 the Interior determines that the Northern Mariana Islands

23 are not in compliance with such conditions to the extent

24 such condition is applicable at that time:
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1 ‘‘(1) The number of aliens (a person who is not

2 a citizen or national of the United States, a citizen

3 of a state in free association with the United States,

4 or an alien lawfully admitted into the United States)

5 present in the Northern Mariana Islands for work or

6 residency does not exceed the 1992 average daily

7 number of such aliens present in the Northern Mari8 ana Islands as determined by the Commissioner of

9 the United States Immigration and Naturalization

10 Service (INS), except that within such limitation,

11 the Northern Mariana Islands shall impose a numer12 ical limitation on the total number of alien workers

13 admitted for employment in the garment industry so

14 that the percentage of alien workers compared to the

15 total number of workers in the garment industry

16 shall be 75 percent in 1994, 70 percent in 1995, and

17 65 percent in 1996 and thereafter;

18 ‘‘(2) The Northern Mariana Islands shall imple19 ment a petitioning mechanism similar to that in sec20 tion 214(c)(1) of the Immigration and Nationality

21 Act (8 U.S.C. 1184(c)(1)) to measure and compare

22 the number of alien admissions with the 1992 aver23 age and the Northern Mariana Islands shall provide

24 the Immigration and Naturalization Service with

25 such information and access as the Commissioner of
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1 the Service determines to be necessary to make his

2 determination and for verification;

3 ‘‘(3) The Northern Mariana Islands has en4 acted and is enforcing such measures as may be nec5 essary to raise revenues, and expend for public

6 purposes, in each of the years funding is provided

7 pursuant to the Agreement, in addition to those rev8 enues which would have been raised under laws in

9 effect on the date of enactment of this provision, of

10 at least the same amount of net revenue (taking into

11 account all credits, deductions, exemptions, and pay12 ments provided for in Federal law) that would other13 wise have been raised in calendar year 1992 under

14 full application of section 601 of the Covenant ab15 sent any rebates pursuant to section 602 of such

16 Covenant, less the actual amount of revenues re17 tained by the Northern Mariana Islands from in18 come taxes, which measures may include, but need

19 not be limited to, one or more of the following—

20 (A) developer taxes and impact fees;

21 (B) taxes on services to visitors;

22 (C) a reduction in the level of rebates of

23 taxes levied under section 602 of the Covenant;

24 (D) income taxes; or
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1 (E) taxes or fees imposed for public benefit

2 of users of publicly provided services.

3 ‘‘(4) The Northern Mariana Islands is imple4 menting a rate schedule approved by the Secretary

5 of the Interior that, over a five-year period begin6 ning on the date of enactment of this provision, will

7 phase in charges for all (except low-income) users of

8 utilities which will recover the full operating, mainte9 nance, and debt service cost of the power utility

10 services, and, as a minimum, the operating and

11 maintenance costs of the water and sewer utility

12 services;

13 ‘‘(5) The Secretary has approved the plans of

14 the Northern Mariana Islands for the fiscal year for

15 the use of the funds which indicate the priority and

16 purpose of the projects and their cost and financing

17 arrangements; and

18 ‘‘(6) The Secretary of the Interior, in consulta19 tion with the Secretary of Labor, determines that

20 the Northern Mariana Islands has enacted and is

21 enforcing laws—

22 ‘‘(A) to provide no greater deductions from

23 wages for housing, food, transportation, health

24 care, employment fees, or other expenses for

25 any workers not permanently admitted into the
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1 Northern Mariana Islands than are contained

2 in the Fair Labor Standards Act of 1938, and

3 ‘‘(B) which allow for the same exemptions

4 from the payment of minimum wages as pro5 vided in the Fair Labor Standards Act of

6 1938.’’.

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