Calendar No. 396

105TH CONGRESS

2D SESSION S. 1275

[Report No. 105–201]

A BILL

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

and for other purposes.cal Union with the United States of America,wealth of the Northern Mariana Islands in Politiapproving the Covenant to Establish a CommonJUNE 5, 1998

Reported with an amendment
II

Calendar No. 396

105TH CONGRESS

2D SESSION S. 1275

[Report No. 105–201]

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

OCTOBER 8, 1997

Mr. MURKOWSKI (for himself and Mr. AKAKA) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

JUNE 5, 1998

Reported by Mr. MURKOWSKI, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

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,
2

S 1275 RS

1 SECTION 1. SHORT TITLE AND REFERENCE.

2 This Act may be cited as the ‘‘Northern Mariana Is3 lands Covenant Implementation Act’’. Public Law 94–241

4 (90 Stat. 263, 48 U.S.C. 1801), which approved the Cov5 enant to Establish a Commonwealth of the Northern Mar6 iana Islands in Political Union with the United States of

7 America, as amended, hereinafter is referred to as the

8 ‘‘Covenant Act’’.

9 SEC. 2. IMMIGRATION REFORM FOR THE NORTHERN MARI10 ANA ISLANDS.

11 (a) COVENANT ACT AMENDMENTS.—The Covenant

12 Act is amended to add the following new section 6 after

13 section 5:

14 ‘‘SEC. 6. TRANSITION PROGRAM FOR IMMIGRATION.

15 ‘‘Pursuant to section 503 of the Covenant to Estab16 lish a Commonwealth of the Northern Mariana Islands in

17 Political Union with the United States of America (ap18 proved in Public Law 94–241, 90 Stat. 263):

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

21 PROGRAM.—Effective on the first day of the first full

22 month commencing one year after the date of enactment

23 of this section, the provisions of the Immigration and Na24 tionality Act, as amended, shall apply to the Common25 wealth of the Northern Mariana Islands, with a transition

26 period not to exceed ten years thereafter, during which
3

S 1275 RS

1 the Attorney General, in consultation with the Secretaries

2 of State, Labor, and Interior, shall establish, administer,

3 and enforce a transition program for immigration to the

4 Commonwealth of the Northern Mariana Islands (the

5 ‘‘transition program’’). The transition program estab6 lished pursuant to this section shall provide for the

7 issuance of nonimmigrant temporary alien worker visas

8 pursuant to subsection (b), and, under the circumstances

9 set forth in subsection (c), for family-sponsored and em10 ployment-based immigrant visas. The transition program

11 shall be implemented pursuant to regulations to be pro12 mulgated as appropriate by each agency having respon13 sibilities under the transition program.

14 ‘‘(b) TEMPORARY ALIEN WORKERS.—The transition

15 program shall conform to the following requirements with

16 respect to temporary alien workers who would otherwise

17 not be eligible for nonimmigrant classification under the

18 Immigration and Nationality Act, as amended:

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

20 be treated as aliens seeking classification as non21 immigrants under section 101(a)(15) of the Immi22 gration and Nationality Act, as amended, including

23 the right to apply, if otherwise eligible, for a change

24 of nonimmigrant status under section 248 of the Im25 migration and Nationality Act, as amended, or ad-
4

S 1275 RS

1 justment of status, if eligible therefor, under sub2 section (c) of this section and section 245 of the Im3 migration and Nationality Act, as amended.

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

5 administer, and enforce a system for allocating and

6 determining the number, terms, and conditions of

7 permits to be issued to prospective employers for

8 each temporary alien worker who would not other9 wise be eligible for admission under the Immigration

10 and Nationality Act, as amended. This system shall

11 provide for a reduction in the allocation of permits

12 for such workers on an annual basis, over a period

13 not to exceed ten years. In no event shall a permit

14 be valid beyond the expiration of the transition pe15 riod. This system may be based on any reasonable

16 method and criteria determined by the Secretary of

17 Labor to promote the maximum use of, and to pre18 vent adverse effects on wages and working condi19 tions of, United States labor and lawfully admissible

20 freely associated state citizen labor.

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

22 establish and collect appropriate user fees for the

23 purpose of this section. Amounts collected pursuant

24 to this section shall be deposited to a special fund

25 of the Treasury. Such amounts shall be available, to
5

S 1275 RS

1 the extent and in the amounts as provided in ad2 vance in appropriations acts, for the purposes of ad3 ministering this section. Such amounts are author4 ized to be appropriated to remain available until ex5 pended.

6 ‘‘(3) The Attorney General shall set the condi7 tions for admission of nonimmigrant temporary alien

8 workers under the transition program, and the Sec9 retary of State shall authorize the issuance of non10 immigrant visas for aliens to engage in employment

11 only as authorized in this subsection: Provided, That

12 such visas shall not be valid for admission to the

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

14 the Immigration and Nationality Act, as amended,

15 except the Northern Mariana Islands. An alien ad16 mitted to the Northern Mariana Islands on the basis

17 of such a nonimmigrant visa shall be permitted to

18 engage in employment only as authorized pursuant

19 to the transition program. No alien shall be granted

20 nonimmigrant classification or a visa under this sub21 section unless the permit requirements established

22 under paragraph (2) of this subsection have been

23 met.

24 ‘‘(4) An alien admitted as a nonimmigrant pur25 suant to this subsection shall be permitted to trans-
6

S 1275 RS

1 fer between employers in the Northern Mariana Is2 lands during the period of such alien’s authorized

3 stay therein, provided that such transfer is author4 ized by the Attorney General in accordance with cri5 teria established by the Attorney General and the

6 Secretary of Labor.

7 ‘‘(c) IMMIGRANTS.—With the exception of immediate

8 relatives, as defined in section 201(b)(2) of the Immigra9 tion and Nationality Act, as amended, and except as pro10 vided in paragraphs (1) and (2) of this subsection, no alien

11 shall be granted initial admission as a lawful permanent

12 resident of the United States at a port-of-entry in the

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

14 for the purpose of immigrating to the Northern Mariana

15 Islands:

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

17 The Attorney General, based on a joint rec18 ommendation of the Governor and Legislature of the

19 Commonwealth of the Northern Mariana Islands,

20 and in consultation with appropriate federal agen21 cies, may establish a specific number of additional

22 initial admissions as a family-sponsored immigrant

23 at a port-of-entry in the Northern Mariana Islands,

24 or at a port-of-entry in Guam for the purpose of im25 migrating to the Northern Mariana Islands, pursu-
7

S 1275 RS

1 ant to sections 202 and 203(a) of the Immigration

2 and Nationality Act, as amended, during the follow3 ing fiscal year.

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

5 ‘‘(A) If the Secretary of Labor, upon re6 ceipt of a joint recommendation of the Governor

7 and Legislature of the Commonwealth of the

8 Northern Mariana Islands, finds that excep9 tional circumstances exist with respect to the

10 inability of employers in the Northern Mariana

11 Islands to obtain sufficient work-authorized

12 labor, the Attorney General may establish a

13 specific number of employment-based immi14 grant visas to be made available during the fol15 lowing fiscal year under section 203(b) of the

16 Immigration and nationality Act, as amended.

17 ‘‘(B) Upon notification by the Attorney

18 General that a number has been established

19 pursuant to subparagraph (A) of this para20 graph, the Secretary of State may allocate up

21 to that number of visas without regard to the

22 numerical limitations set forth in sections 202

23 and 203(b)(3)(B) of the Immigration and Na24 tionality Act, as amended. Visa numbers allo25 cated under this subparagraph shall be allo-
8

S 1275 RS

1 cated first from the number of visas available

2 under section 203(b)(3) of the Immigration and

3 Nationality Act, as amended, or, if such visa

4 numbers are not available, from the number of

5 visas available under section 203(b)(5) of such

6 Act.

7 ‘‘(C) Persons granted employment-based

8 immigrant visas under the transition program

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

10 the Northern Mariana Islands, or at a port-of11 entry in Guam for the purpose of immigrating

12 to the Northern Mariana Islands, as lawful per13 manent residents of the United States.

14 ‘‘(D) Any immigrant visa issued pursuant

15 to this paragraph shall be valid only for applica16 tion for initial admission to the Northern Mari17 ana Islands. The admission of any alien pursu18 ant to such an immigrant visa shall be an ad19 mission for lawful permanent residence and em20 ployment only in the Northern Mariana Islands

21 during the first five years after such admission.

22 Such admission shall not authorize permanent

23 residence or employment in any other part of

24 the United States during such five-year period.

25 An alien admitted for permanent residence pur-
9

S 1275 RS

1 suant to this paragraph shall be issued appro2 priate documentation identifying the person as

3 having been admitted pursuant to the terms

4 and conditions of this transition program, and

5 shall be required to comply with a system for

6 the registration and reporting of aliens admit7 ted for permanent residence under the transi8 tion program, to be established by the Attorney

9 General, by regulation, consistent with the At10 torney General’s authority under Chapter 7 of

11 Title II of the Immigration and Nationality

12 Act, as amended.

13 ‘‘(E) Nothing in this paragraph shall pre14 clude an alien who has obtained lawful perma15 nent resident status pursuant to this paragraph

16 from applying, if otherwise eligible under this

17 section and under the Immigration and Nation18 ality Act, as amended, for an immigrant visa or

19 admission as a lawful permanent resident under

20 the Immigration and Nationality Act, as

21 amended.

22 ‘‘(F) Any alien admitted under this sub23 section, who violates the provisions of this para24 graph, or who is found removable or inadmis25 sible under section 237(a), or paragraphs (1),
10

S 1275 RS

1 (2), (3), (4)(A), (4)(B), (6), (7), (8), or (9) of

2 section 212(a), shall be removed from the

3 United States pursuant to sections 239, 240,

4 and 241 of the Immigration and Nationality

5 Act, as amended.

6 ‘‘(G) The Attorney General may establish

7 by regulation a procedure by which an alien

8 who has obtained lawful permanent resident

9 status pursuant to this paragraph may apply

10 for a waiver of the limitations on the terms and

11 conditions of such status. The Attorney General

12 may grant the application for waiver, in the dis13 cretion of the Attorney General, if: (1) the alien

14 is not in removal proceedings, (2) the alien has

15 been a person of good moral character for the

16 preceding five years, (3) the alien has not vio17 lated the terms and conditions of the alien’s

18 permanent resident status, and (4) the alien

19 would suffer exceptional and extremely unusual

20 hardship were such terms and conditions not

21 waived.

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

23 conditions of an alien’s permanent residence set

24 forth in this paragraph shall expire at the end

25 of five years after the alien’s admission to the
11

S 1275 RS

1 Northern Mariana Islands as a permanent resi2 dent and the alien is thereafter fully subject to

3 the provisions of the Immigration and National4 ity Act, as amended. Following the expiration of

5 such limitations, the permanent resident alien

6 may engage in any lawful activity, including

7 employment, anywhere in the United States.

8 Such an alien, if otherwise eligible for natu9 ralization, may count the five-year period in the

10 Northern Mariana Islands towards time in the

11 United States for purposes of meeting the resi12 dence requirements of Title III of the Immigra13 tion and Nationality Act, as amended.

14 ‘‘(d) INVESTOR VISAS.—The following requirements

15 shall apply to aliens who have been admitted to the North16 ern Mariana Islands in long-term investor status under

17 the immigration laws of the Commonwealth of the North18 ern Mariana Islands on or before the effective date of this

19 Act and who have continuously maintained residence in

20 the Northern Mariana Islands pursuant to such status:

21 ‘‘(1) Such aliens may apply to the Attorney

22 General or a consular officer for classification as a

23 nonimmigrant under the transition program. Any

24 nonimmigrant status granted as a result of such ap-
12

S 1275 RS

1 plication shall terminate not later than December

2 31, 2008.

3 ‘‘(2) During the six-month period beginning

4 January 1, 2008, and ending June 30, 2008, any

5 alien granted nonimmigrant status pursuant to

6 paragraph (1) of this subsection shall be permitted

7 to apply to the Attorney General for status as a law8 ful permanent resident of the United States effective

9 on or after January 1, 2009, amd may be granted

10 such status if otherwise admissible. Upon granting

11 permanent residence to any such alien, the Attorney

12 General shall advise the Secretary of State who shall

13 reduce by one number, during the fiscal year in

14 which the grant of status becomes effective, the total

15 number of immigrant visas available to natives of

16 the country of the alien’s chargeability under section

17 202(b) of the Immigration and Nationality Act, as

18 amended.

19 ‘‘(e) PERSONS LAWFULLY ADMITTED UNDER THE

20 COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

21 IMMIGRATION LAW.—Subject to subsection (d) of this sec22 tion, persons who would have been lawfully present in the

23 Northern Mariana Islands pursuant to the immigration

24 laws of the Commonwealth of the Northern Mariana Is25 lands on the effective date of this subsection, shall be per-
13

S 1275 RS

1 mitted to remain in the Northern Mariana Islands for the

2 completion of the period of admission under such laws,

3 or for two years, which is less.

4 ‘‘(f) TRAVEL RESTRICTIONS FOR CERTAIN APPLI5 CANTS FOR ASYLUM.—Any alien admitted to the Northern

6 Mariana Islands pursuant to the immigration laws of the

7 Commonwealth of the Northern Mariana Islands or pursu8 ant to subsections (b) or (c) of this section who files an

9 application seeking asylum in the United States shall be

10 required, pursuant to regulations established by the Attor11 ney General, to remain in the Northern Mariana Islands,

12 during the period of time the application is being adju13 dicated or during any appeals filed subsequent to such ad14 judication. An applicant for asylum who, during the time

15 his application is being adjudicated or during any appeals

16 filed subsequent to such adjudication, leaves the Northern

17 Mariana Islands of his own will without prior authoriza18 tion by the Attorney General thereby abandons the appli19 cation.

20 ‘‘(g) EFFECT ON OTHER LAWS.—Effective on the

21 first day of the first full month commencing one year after

22 the date of enactment of this section, the provisions of

23 this section and the Immigration and Nationality Act, as

24 amended, shall supersede and replace all laws, provisions,

25 or programs of the Commonwealth of the Northern Mari-
14

S 1275 RS

1 ana Islands relating to the admission of aliens and the

2 removal of aliens from the Northern Mariana Islands.’’

3 ‘‘(h) ACCRUAL OF TIME.—No time of ‘‘unlawful pres4 ence’’ in the Northern Mariana Islands shall accrue for

5 purposes of the ground of inadmissibility in section

6 212(a)(9)(B) prior to the date of enactment of this sub7 section.

8 (b) CONFORMING AMENDMENTS.—(1) Effective on

9 the first day of the first full month commencing one year

10 after the date of enactment of this section, section 101(a)

11 of the Immigration and Nationality Act, as amended, is

12 amended as follows:

13 (A) in paragraph (36), by deleting ‘‘and the

14 Virgin Islands of the United States.’’ and substitut15 ing ‘‘the Virgin Islands of the United States, and

16 the Northern Mariana Islands.’’; and

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

18 Virgin Islands of the United States’’ and substitut19 ing ‘‘the Virgin Islands of the United States, and

20 the Northern Mariana Islands.’’.

21 (2) Effective on the first day of the first full month

22 commencing on date of enactment of this section, sub23 section (l) of section 212 of the Immigration and National24 ity Act, as amended, is amended as follows:

25 (A) in paragraph (1),
15

S 1275 RS

1 (i) strike the words ‘‘stay on Guam’’, and

2 insert the words ‘‘stay on Guam and the North3 ern Mariana Islands’’,

4 (ii) after the word ‘‘exceed’’ insert the

5 words ‘‘a total of ’’, and,

6 (iii) strike the words ‘‘after consultation

7 with the Governor of Guam,’’ and insert the

8 words ‘‘after respective consultation with the

9 Governor of Guam or the Governor of the Com10 monwealth of the Northern Mariana Islands,’’;

11 (B) in subparagraph (A) of paragraph (1),

12 strike the words ‘‘on Guam’’, and insert the words

13 ‘‘on Guam or the Northern Mariana Islands, respec14 tively,’’;

15 (C) in subparagraph (A) of paragraph (2),

16 strike the words ‘‘into Guam’’, and insert the words

17 ‘‘into Guam or the Northern Mariana Islands, re18 spectively,’’; and

19 (D) in paragraph (3), strike the words ‘‘Gov20 ernment of Guam’’ and insert the words ‘‘Govern21 ment of Guam or the Government of the Common22 wealth of the Northern Mariana Islands’’.

23 (c) TECHNICAL ASSISTANCE PROGRAM.—The Sec24 retaries of the Interior and Labor, in consultation with

25 the Commonwealth of the Northern Mariana Islands, shall
16

S 1275 RS

1 develop a program of technical assistance, including re2 cruitment and training, to aid employers in securing em3 ployees from among United States labor or lawfully admis4 sible freely associated state citizen labor.

5 (d) DEPARTMENT OF JUSTICE AND DEPARTMENT OF

6 LABOR OPERATIONS.—The Attorney General and the De7 partment of Labor are authorized to establish and main8 tain Immigration and Naturalization Service, Executive

9 Office of Immigration Review, and Department of Labor

10 operations in the Northern Mariana Islands for the pur11 pose of performing their responsibilities under the Immi12 gration and Nationality Act, as amended, and under the

13 transition program. To the extent practicable and consist14 ent with the satisfactory performance of their assigned re15 sponsibilities under applicable law, the Departments of

16 Justice and Labor shall recruit and hire from among

17 qualified applicants resident in the Northern Mariana Is18 lands for staffing such operations.

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

20 shall report to the Senate Committee on Energy and Nat21 ural Resources, and the House Committee on Resources,

22 within six months after the fifth anniversary of the enact23 ment of this Act, evaluating the overall effect of the transi24 tion program and the Immigration and Nationality Act on
17

S 1275 RS

1 the Northern Mariana Islands, and at other times as the

2 President deems appropriate.

3 (f) LIMITATION ON NUMBER OF TEMPORARY WORK4 ERS PRIOR TO APPLICATION OF THE IMMIGRATION AND

5 NATURALIZATION ACT AND ESTABLISHMENT OF THE

6 TRANSITION PROGRAM.—During the period between en7 actment of this section and the effective date of the transi8 tion program, the government of the Commonwealth of the

9 Northern Mariana Islands shall not permit an increase in

10 the total number of temporary alien workers who were

11 present in the Northern Mariana Islands on the date of

12 enactment of this section.

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

14 appropriated such sums as may be necessary to carry out

15 the purposes of this section and of the Immigration and

16 Nationality Act, as amended, with respect to the Northern

17 Mariana Islands.

18 SEC. 3. MINIMUM WAGE.

19 The Covenant Act is amended to add the following

20 new section 7 after section 6:

21 ‘‘SEC. 7. MINIMUM WAGE.

22 ‘‘Pursuant to section 503 of the Covenant to Estab23 lish a Commonwealth of the Northern Mariana Islands in

24 Political Union with the United States of America (ap25 proved in Public Law 94–241, 90 Stat. 263)—
18

S 1275 RS

1 ‘‘(a) Effective thirty days after enactment of this Act,

2 the minimum wage provisions of section 6 of the Fair

3 Labor Standards Act of June 25, 1938 (52 Stat. 1062),

4 as amended, shall apply to the Commonwealth of the

5 Northern Mariana Islands except:

6 ‘‘(1) the minimum wage rate applicable to the

7 Commonwealth of the Northern Mariana Islands

8 shall be $3.35 per hour; and

9 ‘‘(2) effective January 1, 1999, and every Janu10 ary 1 thereafter, the minimum wage rate applicable

11 to the Commonwealth of the Northern Mariana Is12 lands shall be raised by thirty cents per hour or the

13 amount necessary to raise the applicable minimum

14 wage rate to the wage rate set forth in section

15 6(a)(1) of the Fair Labor Standards Act, whichever

16 is less; and

17 ‘‘(b) Once the minimum wage rate applicable to the

18 Commonwealth of the Northern Mariana Islands is equal

19 to the wage rate set forth in section 6(a)(1) of the Fair

20 Labor Standards Act, the minimum wage rate applicable

21 to the Commonwealth of the Northern Mariana Islands

22 shall thereafter be the wage rate set forth in section

23 6(a)(1) of the Fair Labor Standards Act.
19

S 1275 RS

1 SEC. 4. LABELING REQUIREMENTS FOR TEXTILE AND AP2 PAREL PRODUCTS.

3 The Covenant Act is amended to add the following

4 new section 8 after section 7:

5 ‘‘SEC. 8. LABELING OF TEXTILE AND APPAREL PRODUCTS.

6 (a) No textile or apparel product that is produced in

7 the Northern Mariana Islands shall have a stamp, tag,

8 label, or other means of identification or substitute there9 for on or affixed to the product stating ‘Made in USA’

10 or otherwise stating or implying that the product was pro11 duced in the United States unless the product is produced

12 in a factory certified by the United States Department of

13 Labor, in accordance with regulations issued by the Sec14 retary of Labor, to use full-time employee equivalents of

15 labor in the required percentage of qualified hours.

16 ‘‘(b) A textile or apparel product that does not meet

17 the requirements of subsection (a), or where the certifi18 cation by the United States Department of Labor is based

19 on false or incomplete information provided to the United

20 States Department of Labor, shall be deemed to be mis21 branded for the purposes of the Textile Fiber Products

22 Identification Act (Public Law 85–897, 72 Stat. 1717).

23 ‘‘(c) In this section:

24 ‘‘(1) FREELY ASSOCIATED STATE.—The term

25 ‘freely associated state’ means the Republic of
20

S 1275 RS

1 Palau, the Republic of the Marshall Islands, or the

2 Federated States of Micronesia.

3 ‘‘(2) QUALIFIED HOURS.—The term ‘qualified

4 hours’ means the hours of labor performed by a per5 son who is a citizen, national, or other protected in6 dividual as defined in section 274B(a)(3) of the Im7 migration and Nationality Act, as amended (without

8 regard to application for naturalization), or who is

9 a citizen of a freely associated state (as long as sec10 tion 141 in the respective Compacts of Free Associa11 tion with the Republic of the Marshall Islands, the

12 Federated States of Micronesia or the Republic of

13 Palau (Public Law 99–239 or Public Law 99–658)

14 or equivalent provisions are in effect).

15 ‘‘(3) REQUIRED PERCENTAGE.—The term ‘re16 quired percentage’ means—

17 ‘‘(A) 20 percent, for the period beginning

18 January 1, 1998, through December 31, 1998;

19 ‘‘(B) 35 percent, for the period beginning

20 January 1, 1999, through December 31, 1999;

21 and

22 ‘‘(C) 50 percent, for the period beginning

23 January 1, 2000, and thereafter.’’
21

S 1275 RS

1 SEC. 5. TARIFFS.

2 General Note 3(a)(iv) of the Harmonized Tariff

3 Schedules of the United States is amended to add at the

4 end the following:

5 ‘‘(E) No textile or apparel product that is

6 produced in the Northern Mariana Islands shall

7 be admitted duty-free into the customs territory

8 of the United States as the product of an insu9 lar possession, unless the product is produced

10 in a factory certified by the United States De11 partment of Labor, in accordance with regula12 tions issued by the Secretary of Labor, to use

13 full-time employee equivalents of labor in the

14 required percentage of qualified hours. In this

15 subparagraph:

16 ‘‘(i) FREELY ASSOCIATED STATE.—

17 The term ‘freely associated state’ means

18 the Republic of Palau, the Republic of the

19 Marshall Islands, or the Federated States

20 of Micronesia.

21 ‘‘(ii) QUALIFIED HOURS.—The term

22 ‘qualified hours’ means the hours of labor

23 performed by a person who is a citizen, na24 tional, or other protected individual as de25 fined in section 274B(a)(3) of the Immi26 gration and Nationality Act, as amended
22

S 1275 RS

1 (without regard to application for natu2 ralization), or who is a citizen of a freely

3 associated state (as long as section 141 in

4 the respective Compacts of Free Associa5 tion with the Republic of the Marshall Is6 lands, the Federated States of Micronesia

7 or the Republic of Palau (Public Law 99–

8 239 or Public Law 99–658) or equivalent

9 provisions are in effect).

10 ‘‘(iii) REQUIRED PERCENTAGE.—The

11 term ‘required percentage’ means—

12 ‘‘(I) 20 percent, for the period

13 beginning January 1, 1998, through

14 December 31, 1998;

15 ‘‘(II) 35 percent, for the period

16 beginning January 1, 1999, through

17 December 31, 1999; and

18 ‘‘(III) 50 percent, for the period

19 beginning January 1, 2000, and

20 thereafter.’’

21 SECTION 1. SHORT TITLE.

22 This Act may be cited as the ‘‘Northern Mariana Is23 lands Covenant Implementation Act’’.
23

S 1275 RS

1 SEC. 2. IMMIGRATION REFORM FOR THE COMMONWEALTH

2 OF THE NORTHERN MARIANA ISLANDS.

3 (a) AMENDMENTS TO ACT APPROVING THE COVENANT

4 TO ESTABLISH A COMMONWEALTH OF THE NORTHERN

5 MARIANA ISLANDS IN POLITICAL UNION WITH THE UNITED

6 STATES OF AMERICA.—Public Law 94–241 (90 Stat. 263),

7 as amended, is further amended by adding at the end there8 of the following:

9 ‘‘SEC. 6. TRANSITION PROGRAM.

10 ‘‘(a) ATTORNEY GENERAL FINDINGS.—

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

12 after the date of enactment of the Northern Mariana

13 Islands Covenant Implementation Act, the Attorney

14 General shall determine, and publish by notice in the

15 Federal Register, minimum standards that the Attor16 ney General deems necessary to ensure an effective

17 system of immigration control for the Commonwealth

18 of the Northern Mariana Islands. The determination

19 of such minimum standards shall rest within the sole

20 discretion of the Attorney General, shall not be subject

21 to the rulemaking requirements of the Administrative

22 Procedure Act (5 U.S.C. 533–557), and may be re23 viewed solely pursuant to paragraph (3) of this sub24 section.

25 ‘‘(2) FINDINGS.—One year after the date of en26 actment of the Northern Mariana Islands Covenant
24

S 1275 RS

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 At4 torney General, after consultation with the Govern5 ment of the Commonwealth of the Northern Mariana

6 Islands, shall make the following findings:

7 ‘‘(A) whether the Government of the Com8 monwealth of Northern Mariana Islands pos9 sesses the institutional capability to administer

10 an effective system of immigration control, con11 sistent with the minimum standards established

12 under paragraph (1), and

13 ‘‘(B) if the Attorney General determines

14 that the Government of the Commonwealth of the

15 Northern Marianas possesses such institutional

16 capability, whether the Government of the Com17 monwealth of the Northern Mariana Islands has

18 demonstrated a genuine commitment to enforce

19 an effective system of immigration control con20 sistent with the minimum standards established

21 under paragraph (1). The findings by the Attor22 ney General regarding the institutional capabil23 ity of the Government of the Commonwealth of

24 the Northern Mariana Islands, and if applicable,

25 the genuine commitment of the Government of
25

S 1275 RS

1 the Commonwealth of the Northern Mariana Is2 lands to enforce an effective system of immigra3 tion control, shall be published in the Federal

4 Register in a timely manner.

5 ‘‘(3) ACCELERATED JUDICIAL REVIEW OF MINI6 MUM STANDARDS.—Except for review in the Supreme

7 Court of the United States, the United States Court

8 of Appeals for the District of Columbia Circuit shall

9 have original and exclusive jurisdiction over any

10 complaint of the Government of the Commonwealth of

11 the Northern Mariana Islands seeking review of the

12 minimum standards established under paragraph (1).

13 No other person or entity shall have the right to seek

14 review of these minimum standards. For purposes of

15 this paragraph, a petition for review will be deemed

16 to have been timely filed only if it is made within

17 ninety days after publication of the standards in the

18 Federal Register. It shall be the duty of the reviewing

19 court to advance on the docket and to expedite to the

20 greatest possible extent the disposition of any matter

21 brought under this paragraph. In the event that there

22 is issued a final judicial determination invalidating

23 the minimum standards, the Attorney General shall

24 have published in the Federal Register new minimum

25 standards within ninety days of such final judicial
26

S 1275 RS

1 determination. Such new minimum standards shall

2 be reviewable solely pursuant to this paragraph.

3 ‘‘(4) ACCELERATED JUDICIAL REVIEW OF THE

4 FINDINGS OF THE ATTORNEY GENERAL.—The findings

5 of the Attorney General described in subparagraphs

6 (A) and (B) of paragraph (2) shall be deemed to be

7 final upon publication in the Federal Register, unless

8 the Government of the Commonwealth of the Northern

9 Mariana Islands seeks review of these findings by fil10 ing a timely petition for review, pursuant to this

11 paragraph, with the United States Court of Appeals

12 for the District of Columbia Circuit. No other person

13 or entity shall have the right to seek review of the

14 findings of the Attorney General. For purposes of this

15 paragraph, a petition for review will be deemed to

16 have been timely filed only if it is made within nine17 ty days of publication of the findings of the Attorney

18 General in the Federal Register. Except for review in

19 the Supreme Court of the United States, the United

20 States Court of Appeals for the District of Columbia

21 Circuit shall have original and exclusive jurisdiction

22 over any review of the findings of the Attorney Gen23 eral. It shall be the duty of the reviewing court to

24 advance on the docket and to expedite to the greatest

25 possible extent the disposition of any matter brought
27

S 1275 RS

1 under this paragraph. In the event that there is

2 issued a final judicial determination upholding the

3 findings of the Attorney General, then the provisions

4 of subsections (b) through (j) shall take effect 180 days

5 after the date of such a final judicial determination.

6 In the event that there is a final judicial determina7 tion invalidating the findings of the Attorney Gen8 eral, subject to subparagraph (6), then the provisions

9 of subsections (b) through (j) shall not take effect.

10 Nothing in this paragraph shall limit the authority

11 of the Attorney General to make new findings pursu12 ant to paragraph (2)(B) at any time after such a

13 final judicial determination.

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

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

16 the Commonwealth of the Northern Marianas Islands

17 does not have the institutional capability to meet the

18 minimum standards described in paragraph (2)(A) or

19 has not demonstrated a genuine commitment to en20 force an effective system of immigration control con21 sistent with the minimum standards required in

22 paragraph (2)(B), then subsections (b) through (j)

23 shall take effect 180 days after the finding is pub24 lished. If the Attorney General determines that the

25 Government of the Commonwealth of Northern Mari-
28

S 1275 RS

1 ana Islands has such institutional capability and

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

3 the provisions of subsections (b) through (j) shall not

4 take effect.

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

6 General finds that the Government of the Common7 wealth of the Northern Mariana Islands meets the re8 quirements of subparagraphs (A) and (B) of para9 graph (2), the Attorney General, every three years

10 thereafter, shall make findings with respect to whether

11 the Government of the Commonwealth of the Northern

12 Mariana Islands continues to meet the requirements

13 of such subparagraphs. The subsequent findings of the

14 Attorney General shall be reviewable solely pursuant

15 to paragraph (4).

16 ‘‘(b) APPLICATION OF THE IMMIGRATION AND NATION17 ALITY ACT AND ESTABLISHMENT OF A TRANSITION PRO18 GRAM.—Except as provided in subsection (c), the provisions

19 of the Immigration and Nationality Act (8 U.S.C. 1101)

20 shall apply to the Commonwealth of the Northern Mariana

21 Islands: Provided, That there shall be a transition period

22 not to exceed ten years following the effective date of the

23 provisions of subsections (b) through (j) of this section (ex24 cept for subsection (e)(2)(I), if needed), during which the

25 Attorney General, in consultation with the Secretaries of
29

S 1275 RS

1 State, Labor, and the Interior, shall establish, administer,

2 and enforce a transition program for immigration to the

3 Commonwealth of the Northern Mariana Islands (the ‘tran4 sition program’). The transition program established pur5 suant to this section shall provide for the issuance of non6 immigrant temporary alien worker visas pursuant to sub7 section (d), and, under the circumstances set forth in sub8 section (e), for family-sponsored and employment-based im9 migrant visas. The transition program shall be imple10 mented pursuant to regulations to be promulgated as ap11 propriate by each agency having responsibilities under the

12 transition program.

13 ‘‘(c) EXEMPTION FROM NUMERICAL LIMITATIONS FOR

14 H–2B TEMPORARY WORKERS.—An alien, if otherwise,

15 qualified, may seek admission to the Commonwealth of the

16 Northern Mariana Islands as a temporary worker under

17 section 101(a)(15)(H)(ii)(B) of the Immigration and Na18 tionality Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)) without re19 gard to the numerical limitations set forth in section 214(g)

20 of such Act (8 U.S.C. 1184(g)).

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

22 program shall conform to the following requirements with

23 respect to temporary alien workers who would otherwise not

24 be eligible for nonimmigrant classification under the Immi25 gration and Nationality Act:
30

S 1275 RS

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

2 have the same privileges as nonimmigrants under sec3 tion 101(a)(15) of the Immigration and Nationality

4 Act (8 U.S.C. 1258), including the ability to apply,

5 if otherwise eligible, for a change of nonimmigrant

6 status under section 248 of such Act (8 U.S.C. 1258),

7 or adjustment of status, if eligible therefor, under this

8 section and section 245(e) of such Act (8 U.S.C.

9 1255(e)).

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

11 administer, and enforce a system for allocating and

12 determining the number, terms, and conditions of

13 permits to be issued to prospective employers for each

14 temporary alien worker who would not otherwise be

15 eligible for admission under the Immigration and Na16 tionality Act. This system shall provide for a reduc17 tion in the allocation of permits for such workers on

18 an annual basis, to zero, over a period not to exceed

19 ten years. In no event shall a permit be valid beyond

20 the expiration of the transition period. This system

21 may be based on any reasonable method and criteria

22 determined by the Secretary of Labor to promote the

23 maximum use of, and to prevent adverse effects on

24 wages and working conditions of, persons authorized

25 to work in the United States under section 274A of
31

S 1275 RS

1 the Immigration and Nationality Act (8 U.S.C.

2 1324a), and lawfully admissible freely associated state

3 citizen labor.

4 ‘‘(B) The Secretary of Labor is authorized to es5 tablish and collect appropriate user fees for the pur6 pose of this section. Amounts collected pursuant to

7 this section shall be deposited in a special fund of the

8 Treasury. Such amounts shall be available, to the ex9 tent and in the amounts as provided in advance in

10 appropriations acts, for the purposes of administering

11 this section. Such amounts are authorized to be ap12 propriated to remain available until expended.

13 ‘‘(3) The Attorney General shall set the condi14 tions for admission of nonimmigrant temporary alien

15 workers under the transition program, and the Sec16 retary of State shall authorize the issuance of non17 immigrant visas for aliens to engage in employment

18 only as authorized in this subsection: Provided, That

19 such visas shall not be valid for admission to the

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

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

22 1101(a)(38)), except the Commonwealth of the North23 ern Mariana Islands. An alien admitted to the Com24 monwealth of the Northern Mariana Islands on the

25 basis of such a nonimmigrant visa shall be permitted
32

S 1275 RS

1 to engage in employment only as authorized pursuant

2 to the transition program. No alien shall be granted

3 nonimmigrant classification or a visa under this sub4 section unless the permit requirements established

5 under paragraph (2) have been met.

6 ‘‘(4) An alien admitted as a nonimmigrant pur7 suant to this subsection shall be permitted to transfer

8 between employers in the Commonwealth of the North9 ern Mariana Islands during the period of such alien’s

10 authorized stay therein to the extent that such trans11 fer is authorized by the Attorney General in accord12 ance with criteria established by the Attorney General

13 and the Secretary of Labor.

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

15 relatives (as defined in section 201(b)(2) of the Immigration

16 and Nationality Act (8 U.S.C. 1151(b)(2))) and, except as

17 provided in paragraphs (1) and (2), no alien shall be grant18 ed initial admission as a lawful permanent resident of the

19 United States at a port-of-entry in the Commonwealth of

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

21 Guam for the purpose of immigrating to the Commonwealth

22 of the Northern Mariana Islands.

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

24 The Attorney General, based on a joint recommenda25 tion of the Governor and Legislature of the Common-
33

S 1275 RS

1 wealth of the Northern Mariana Islands, and in con2 sultation with appropriate Federal agencies, may es3 tablish a specific number of additional initial admis4 sions as a family-sponsored immigrant at a port-of5 entry in the Commonwealth of the Northern Mariana

6 Islands, or at a port-of-entry in Guam for the pur7 pose of immigrating to the Commonwealth of the

8 Northern Mariana Islands, pursuant to sections 202

9 and 203(a) of the Immigration and Nationality Act

10 (8 U.S.C. 1152 and 1153(a)) during the following fis11 cal year.

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

13 ‘‘(A) If the Secretary of Labor, upon receipt

14 of a joint recommendation of the Governor and

15 Legislature of the Commonwealth of the Northern

16 Mariana Islands, finds that exceptional cir17 cumstances exist with respect to the inability of

18 employers in the Commonwealth of the Northern

19 Mariana Islands to obtain sufficient work-au20 thorized labor, the Attorney General may estab21 lish a specific number of employment-based im22 migrant visas to be made available during the

23 following fiscal year under section 203(b) of the

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

25 1153(b)).
34

S 1275 RS

1 ‘‘(B) Upon notification by the Attorney

2 General that a number has been established pur3 suant to subparagraph (A), the Secretary of

4 State may allocate up to that number of visas

5 without regard to the numerical limitations set

6 forth in sections 202 and 203(b)(3)(B) of the Im7 migration and Nationality Act (8 U.S.C. 1152

8 and 1153(b)(3)(B)). Visa numbers allocated

9 under this subparagraph shall be allocated first

10 from the number of visas available under section

11 203(b)(3) of such Act (8 U.S.C. 1153(b)(3)), or,

12 if such visa numbers are not available, from the

13 number of visas available under section

14 203(b)(5) of such Act (8 U.S.C. 1153(b)(5)).

15 ‘‘(C) Persons granted employment-based im16 migrant visas under the transition program may

17 be admitted initially at a port-of-entry in the

18 Commonwealth of the Northern Mariana Islands,

19 or at a port-of-entry in Guam for the purpose of

20 immigrating to the Commonwealth of the North21 ern Mariana Islands, as lawful permanent resi22 dents of the United States.

23 ‘‘(D) Any immigrant visa issued pursuant

24 to this paragraph shall be valid only for applica25 tion for initial admission to the Commonwealth
35

S 1275 RS

1 of the Northern Mariana Islands. The admission

2 of any alien pursuant to such an immigrant

3 visa shall be an admission for lawful permanent

4 residence and employment only in the Common5 wealth of the Northern Mariana Islands during

6 the first five years after such admission. Such

7 admission shall not authorize permanent resi8 dence or employment in any other part of the

9 United States during such five-year period. An

10 alien admitted for permanent residence pursuant

11 to this paragraph shall be issued appropriate

12 documentation identifying the person as having

13 been admitted pursuant to the terms and condi14 tions of this transition program, and shall be re15 quired to comply with a system for the registra16 tion and reporting of aliens admitted for perma17 nent residence under the transition program, to

18 be established by the Attorney General, by regu19 lation, consistent with the Attorney General’s au20 thority under Chapter 7 of Title II of the Immi21 gration and Nationality Act (8 U.S.C. 1301–

22 1306).

23 ‘‘(E) Nothing in this paragraph shall pre24 clude an alien who has obtained lawful perma25 nent resident status pursuant to this paragraph
36

S 1275 RS

1 from applying, if otherwise eligible under this

2 section and under the Immigration and Nation3 ality for an immigrant visa or admission as a

4 lawful permanent resident under the Immigra5 tion and Nationality Act.

6 ‘‘(F) Any alien admitted under this sub7 section, who violates the provisions of this para8 graph, or who is found removable or inadmis9 sible under section 237(a) (8 U.S.C. 1227(a)), or

10 paragraphs (1), (2), (3), (4)(A), (4)(B), (6), (7),

11 (8), or (9) of section 212(a) (8 U.S.C. 1182(a)),

12 shall be removed from the United States pursu13 ant to sections 239, 240, and 241 of the Immi14 gration and Nationality Act (8 U.S.C. 1229,

15 1230, and 1231).

16 ‘‘(G) The Attorney General may establish by

17 regulation a procedure by which an alien who

18 has obtained lawful permanent resident status

19 pursuant to this paragraph may apply for a

20 waiver of the limitations on the terms and condi21 tions of such status. The Attorney General may

22 grant the application for waiver, in the discre23 tion of the Attorney General, if—

24 ‘‘(i) the alien is not in removal pro25 ceedings,
37

S 1275 RS

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

2 good moral character for the preceding five

3 years,

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

5 terms and conditions of the alien’s perma6 nent resident status, and

7 ‘‘(iv) the alien would suffer exceptional

8 and extremely unusual hardship were such

9 terms and conditions not waived.

10 ‘‘(H) The limitations on the terms and con11 ditions of an alien’s permanent residence set

12 forth in this paragraph shall expire at the end

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

14 Commonwealth of the Northern Mariana Islands

15 as a permanent resident and the alien is there16 after fully subject to the provisions of the Immi17 gration and Nationality Act. Following the expi18 ration of such limitations, the permanent resi19 dent alien may engage in any lawful activity,

20 including employment, anywhere in the United

21 States. Such an alien, if otherwise eligible for

22 naturalization, may count the five-year period

23 in the Commonwealth of the Northern Mariana

24 Islands towards time in the United States for

25 purposes of meeting the residence requirements of
38

S 1275 RS

1 Title III of the Immigration and Nationality

2 Act.

3 ‘‘(I) SPECIAL PROVISION TO ENSURE ADE4 QUATE EMPLOYMENT IN THE HOTEL INDUSTRY

5 AFTER THE TRANSITION PERIOD ENDS.—During

6 the fiscal year preceding the ninth anniversary

7 of the effective date of this subsection, and in the

8 fourth year of any extension thereafter, the Attor9 ney General and the Secretary of Labor shall

10 consult with the Governor of the Commonwealth

11 of the Northern Mariana Islands to ascertain the

12 current and future labor needs of the hotel indus13 try in the Commonwealth of the Northern Mari14 ana Islands, and to determine whether a five15 year extension of the provisions of this para16 graph would be necessary to ensure an adequate

17 number of workers in the hotel industry. If the

18 Attorney General and Secretary of Labor deter19 mine that such an extension is necessary to en20 sure an adequate number of workers in the hotel

21 industry, the Attorney General shall provide no22 tice by publication in the Federal Register that

23 the provisions of this paragraph will be extended

24 for a five-year period with respect to the hotel

25 industry only. The Attorney General may au-
39

S 1275 RS

1 thorize further extensions of this paragraph with

2 respect to the hotel industry in the Common3 wealth of the Northern Mariana Islands if, after

4 the Attorney General and the Secretary of Labor

5 have consulted with the Governor of the Com6 monwealth of the Northern Mariana Islands, the

7 Attorney General determines that a further ex8 tension is required to ensure an adequate num9 ber of workers in the hotel industry in the Com10 monwealth of the Northern Mariana Islands.

11 ‘‘(f) INVESTOR VISAS.—The following requirements

12 shall apply to aliens who have been admitted to the Com13 monwealth of the Northern Mariana Islands in long-term

14 investor status under the immigration laws of the Common15 wealth of the Northern Mariana Islands on or before the

16 effective date of the Northern Mariana Islands Covenant

17 Implementation Act and who have continuously main18 tained residence in the Commonwealth of the Northern Mar19 iana Islands pursuant to such status:

20 ‘‘(1) Such aliens may apply to the Attorney Gen21 eral or a consular officer for classification as a non22 immigrant under the transition program. Any non23 immigrant status granted as a result of such applica24 tion shall terminate not later than December 31,

25 2008.
40

S 1275 RS

1 ‘‘(2) During the six-month period beginning

2 January 1, 2008, and ending June 30, 2008, any

3 alien granted nonimmigrant status pursuant to para4 graph (1) shall be permitted to apply to the Attorney

5 General for status as a lawful permanent resident of

6 the United States effective on or after January 1,

7 2009, and may be granted such status if otherwise ad8 missible. Upon granting permanent residence to any

9 such alien, the Attorney General shall advise the Sec10 retary of State who shall reduce by one number, dur11 ing the fiscal year in which the grant of status be12 comes effective, the total number of immigrant visas

13 available to natives of the country of the alien’s

14 chargeability under section 202(b) of the Immigration

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

16 ‘‘(g) PERSONS LAWFULLY ADMITTED UNDER THE

17 COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

18 IMMIGRATION LAW.—Notwithstanding subsection (d) of this

19 section, persons who would have been lawfully present in

20 the Commonwealth of the Northern Mariana Islands pursu21 ant to the immigration laws of the Commonwealth of the

22 Northern Mariana Islands on the effective date of this sub23 section, shall be permitted to remain in the Commonwealth

24 of the Northern Mariana Islands for the completion of the
41

S 1275 RS

1 period of admission under such laws, or for two years,

2 which is less.

3 ‘‘(h) TRAVEL RESTRICTIONS FOR CERTAIN APPLI4 CANTS FOR ASYLUM.—Any alien admitted to the Northern

5 Mariana Islands pursuant to the immigration laws of the

6 Commonwealth of the Northern Mariana Islands or pursu7 ant to subsection (d) or (e) of this section who files an appli8 cation seeking asylum in the United States shall be re9 quired, pursuant to regulations established by the Attorney

10 General, to remain in the Commonwealth of the Northern

11 Mariana Islands, during the period of time the application

12 is being adjudicated or during any appeals filed subsequent

13 to such adjudication. An applicant for asylum who, during

14 the time his application is being adjudicated or during any

15 appeals filed subsequent to such adjudication, leaves the

16 Commonwealth of the Northern Mariana Islands of his own

17 will without prior authorization by the Attorney General

18 thereby abandons the application.

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

20 section and the Immigration and Nationality Act, as

21 amended by the Northern Mariana Islands Covenant Imple22 mentation Act, shall supersede and replace all laws, provi23 sions, or programs of the Commonwealth of the Northern

24 Mariana Islands relating to the admission of aliens and
42

S 1275 RS

1 the removal of aliens from the Commonwealth of the North2 ern Mariana Islands.

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

4 212(a)(9)(B) OF THE IMMIGRATION AND NATIONALITY

5 ACT.—No time that an alien was present in violation of

6 the laws of the Commonwealth of the Northern Mariana Is7 lands shall be counted for purposes of the ground of inad8 missibility in section 212(a)(9)(B) of the Immigration and

9 Nationality Act (8 U.S.C. 1182(a)(9)(B)) prior to the date

10 of enactment of this subsection.’’

11 (b) CONFORMING AMENDMENTS.—(1) Section 101(a)

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

13 is amended—

14 (A) in paragraph (36), by deleting ‘‘and the Vir15 gin Islands of the United States.’’ and substituting

16 ‘‘the Virgin Islands of the United States, and the

17 Commonwealth of the Northern Mariana Islands.’’,

18 and;

19 (B) in paragraph (38), by deleting ‘‘and the Vir20 gin Islands of the United States’’ and substituting

21 ‘‘the Virgin Islands of the United States, and the

22 Commonwealth of the Northern Mariana Islands.’’.

23 (2) Section 212(l) of the Immigration and Nationality

24 Act (8 U.S.C. 1182(l)) is amended—

25 (A) in paragraph (1)—
43

S 1275 RS

1 (i) by striking ‘‘stay on Guam’’, and insert2 ing ‘‘stay on Guam and the Commonwealth of

3 the Northern Mariana Islands’’,

4 (ii) by inserting ‘‘a total of ’’ after ‘‘exceed’’,

5 and

6 (iii) by striking the words ‘‘after consulta7 tion with the Governor of Guam,’’ and inserting

8 ‘‘after respective consultation with the Governor

9 of Guam or the Governor of the Commonwealth

10 of the Northern Mariana Islands,’’;

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

12 Guam’’, and inserting ‘‘on Guam or the Common13 wealth of the Northern Mariana Islands, respec14 tively,’’;

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

16 Guam’’, and inserting ‘‘into Guam or the Common17 wealth of the Northern Mariana Islands, respec18 tively,’’;

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

20 of Guam’’ and inserting ‘‘Government of Guam or the

21 Government of the Commonwealth of the Northern

22 Mariana Islands’’.

23 (3) The amendments to the Immigration and Natu24 ralization Act made by this subsection shall take effect when

25 sections 6(b) through 6(j) of Public Law 94–241 take effect.
44

S 1275 RS

1 (c) TECHNICAL ASSISTANCE PROGRAM.—The Secretar2 ies of the Interior and Labor, in consultation with the Com3 monwealth of the Northern Mariana Islands, shall develop

4 a program of technical assistance, including recruitment

5 and training, to aid employers in securing employees from

6 among United States labor or lawfully admissible freely as7 sociated state citizen labor.

8 (d) DEPARTMENT OF JUSTICE AND DEPARTMENT OF

9 LABOR OPERATIONS.—The Attorney General and the De10 partment of Labor are authorized to establish and maintain

11 Immigration and Naturalization Service, Executive Office

12 of Immigration Review, and Department of Labor oper13 ations in the Commonwealth of the Northern Mariana Is14 lands for the purpose of performing their responsibilities

15 under the Immigration and Nationality Act, as amended,

16 and under the transition program. To the extent practicable

17 and consistent with the satisfactory performance of their

18 assigned responsibilities under applicable law, the Depart19 ments of Justice and Labor shall recruit and hire from

20 among qualified applicants resident in the Commonwealth

21 of the Northern Mariana Islands for staffing such oper22 ations.

23 (e) REPORT TO THE CONGRESS.—The President shall

24 report to the Senate Committee on Energy and Natural Re25 sources, and the House Committee on Resources, within six
45

S 1275 RS

1 months after the fifth anniversary of the enactment of this

2 Act, evaluating the overall effect of the transition program

3 and the Immigration and Nationality Act on the Common4 wealth of the Northern Mariana Islands, and at other times

5 as the President deems appropriate.

6 (f) LIMITATION ON NUMBER OF TEMPORARY WORKERS

7 PRIOR TO FINDINGS OF THE ATTORNEY GENERAL OR AP8 PLICATION OF THE IMMIGRATION AND NATIONALITY ACT,

9 AND ESTABLISHMENT OF THE TRANSITION PROGRAM.—

10 During the period between enactment of this Act and either

11 the date that the Attorney General finds that the Govern12 ment of the Commonwealth of the Northern Mariana Is13 lands possesses the institutional capability and genuine

14 commitment to enforce an effective system of immigration

15 control under section 6(a)(2) of Public Law 94–241 (as

16 amended by this Act), or, if the Attorney General finds that

17 the Government of the Commonwealth of Northern Mari18 anas fails to meet such conditions, the effective date of the

19 transition program established under section 6 of such Act,

20 the Government of the Commonwealth of the Northern Mari21 ana Islands shall not permit an increase in the total num22 ber of temporary alien workers who are legally present in

23 the Commonwealth of the Northern Mariana Islands on the

24 date of enactment of this section.
46

S 1275 RS

1 (g) APPROPRIATIONS.—There are authorized to be ap2 propriated such sums as may be necessary to carry out the

3 purposes of this section and of the Immigration and Nation4 ality Act with respect to the Commonwealth of the Northern

5 Mariana Islands.

6 (h) EFFECTIVE DATE.—Subsections (c) through (g) of

7 this section shall take effect when sections 6(b) through 6(j)

8 of Public Law 94–241 take effect.

9 SEC. 3. INDUSTRY COMMITTEE.

10 The Fair Labor Standards Act of 1938 (52 Stat. 1062,

11 29 U.S.C. 201) is amended as follows:

12 (1) in section 5 (29 U.S.C. 205), by inserting

13 ‘‘or the Northern Mariana Islands, respectively,’’ after

14 ‘‘American Samoa,’’ each place it appears;

15 (2) in paragraph 6(a)(3) (29 U.S.C.

16 206(a)(3)),—

17 (A) by inserting ‘‘or the Northern Mariana

18 Islands,’’ after ‘‘American Samoa,’’,

19 (B) by inserting ‘‘, except that, in the case

20 of the Northern Mariana Islands, the rate shall

21 not be raised more than fifty cents per year’’

22 after ‘‘of this subsection’’ and before the semi23 colon;
47

S 1275 RS

1 (3) in section 8 (29 U.S.C. 208), by inserting

2 ‘‘or the Northern Mariana Islands, respectively,’’ after

3 ‘‘American Samoa,’’ each place it appears; and

4 (4) in subsection 13(f) (29 U.S.C. 213(f)), by in5 serting ‘‘the Northern Mariana Islands;’’ after ‘‘Amer6 ican Samoa;’’.

Æ