[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1409 Introduced in Senate (IS)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
    Sec. 2. Public Law 94-241 (90 Stat. 263), as amended, is further 
amended by striking ``law'' in subsection (b) of section 4 and 
inserting in lieu thereof ``law: Provided, That for fiscal years 1994 
through 1998, payments shall be limited to the provisions set forth in 
the Agreement of the Special Representatives on Future Federal 
Financial Assistance of the Northern Mariana Islands, executed on 
December 17, 1992, between the special representative of the President 
and the special representatives of the Governor of the Northern Mariana 
Islands for the first five years of such 1992 Agreement: Provided 
further, That no amendment to such 1992 Agreement may take effect until 
approved by an Act of Congress: Provided further, That after fiscal 
year 1998, the amount shall continue at the annual amount of 
$27,720,000, unless Congress otherwise provides by law.
    ``(c) No funds made available in accordance with the 1992 Agreement 
referred to in subsection (b) shall be obligated until sixty days after 
the Secretary of the Interior certifies, together with findings, after 
the date of enactment of this provision, and each fiscal year 
thereafter, to the Committee on Natural Resources of the House of 
Representatives, and the Committee on Energy and Natural Resources of 
the Senate, that the following conditions have been fulfilled, to the 
extent such condition is applicable in such fiscal year, and no such 
funds shall be obligated for additional projects thereafter if the 
Secretary of the Interior determines that the Northern Mariana Islands 
are not in compliance with such conditions to the extent such condition 
is applicable at that time:
            ``(1) The number of aliens (a person who is not a citizen 
        or national of the United States, a citizen of a state in free 
        association with the United States, or an alien lawfully 
        admitted into the United States) present in the Northern 
        Mariana Islands for work or residency does not exceed the 1992 
        average daily number of such aliens present in the Northern 
        Mariana Islands as determined by the Commissioner of the United 
        States Immigration and Naturalization Service (INS), except 
        that within such limitation, the Northern Mariana Islands shall 
        impose a numerical limitation on the total number of alien 
        workers admitted for employment in the garment industry so that 
        the percentage of alien workers compared to the total number of 
        workers in the garment industry shall be 75 percent in 1994, 70 
        percent in 1995, and 65 percent in 1996 and thereafter;
            ``(2) The Northern Mariana Islands shall implement a 
        petitioning mechanism similar to that in section 214(c)(1) of 
        the Immigration and Nationality Act (8 U.S.C. 1184(c)(1)) to 
        measure and compare the number of alien admissions with the 
        1992 average and the Northern Mariana Islands shall provide the 
        Immigration and Naturalization Service with such information 
        and access as the Commissioner of the Service determines to be 
        necessary to make his determination and for verification;
            ``(3) The Northern Mariana Islands has enacted and is 
        enforcing such measures as may be necessary to raise revenues, 
        and expend for public purposes, in each of the years funding is 
        provided pursuant to the Agreement, in addition to those 
        revenues which would have been raised under laws in effect on 
        the date of enactment of this provision, of at least the same 
        amount of net revenue (taking into account all credits, 
        deductions, exemptions, and payments provided for in Federal 
        law) that would otherwise have been raised in calendar year 
        1992 under full application of section 601 of the Covenant 
        absent any rebates pursuant to section 602 of such Covenant, 
        less the actual amount of revenues retained by the Northern 
        Mariana Islands from income taxes, which measures may include, 
        but need not be limited to, one or more of the following--
                    (A) developer taxes and impact fees;
                    (B) taxes on services to visitors;
                    (C) a reduction in the level of rebates of taxes 
                levied under section 602 of the Covenant;
                    (D) income taxes; or
                    (E) taxes or fees imposed for public benefit of 
                users of publicly provided services.
            ``(4) The Northern Mariana Islands is implementing a rate 
        schedule approved by the Secretary of the Interior that, over a 
        five-year period beginning on the date of enactment of this 
        provision, will phase in charges for all (except low-income) 
        users of utilities which will recover the full operating, 
        maintenance, and debt service cost of the power utility 
        services, and, as a minimum, the operating and maintenance 
        costs of the water and sewer utility services;
            ``(5) The Secretary has approved the plans of the Northern 
        Mariana Islands for the fiscal year for the use of the funds 
        which indicate the priority and purpose of the projects and 
        their cost and financing arrangements; and
            ``(6) The Secretary of the Interior, in consultation with 
        the Secretary of Labor, determines that the Northern Mariana 
        Islands has enacted and is enforcing laws--
                    ``(A) to provide no greater deductions from wages 
                for housing, food, transportation, health care, 
                employment fees, or other expenses for any workers not 
                permanently admitted into the Northern Mariana Islands 
                than are contained in the Fair Labor Standards Act of 
                1938, and
                    ``(B) which allow for the same exemptions from the 
                payment of minimum wages as provided in the Fair Labor 
                Standards Act of 1938.''.

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