[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1275 Reported in Senate (RS)]

                                                       Calendar No. 396

105th CONGRESS

  2d Session

                                S. 1275

                          [Report No. 105-201]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              June 5, 1998

                       Reported with an amendment





                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE AND REFERENCE.</DELETED>

<DELETED>    This Act may be cited as the ``Northern Mariana Islands 
Covenant Implementation Act''. Public Law 94-241 (90 Stat. 263, 48 
U.S.C. 1801), which approved the Covenant to Establish a Commonwealth 
of the Northern Mariana Islands in Political Union with the United 
States of America, as amended, hereinafter is referred to as the 
``Covenant Act''.</DELETED>

<DELETED>SEC. 2. IMMIGRATION REFORM FOR THE NORTHERN MARIANA 
              ISLANDS.</DELETED>

<DELETED>    (a) Covenant Act Amendments.--The Covenant Act is amended 
to add the following new section 6 after section 5:</DELETED>

<DELETED>``SEC. 6. TRANSITION PROGRAM FOR IMMIGRATION.</DELETED>

<DELETED>    ``Pursuant to section 503 of the Covenant to Establish a 
Commonwealth of the Northern Mariana Islands in Political Union with 
the United States of America (approved in Public Law 94-241, 90 Stat. 
263):</DELETED>
<DELETED>    ``(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 this section, the provisions of the Immigration and Nationality Act, 
as amended, shall apply to the Commonwealth of the Northern Mariana 
Islands, with a transition period not to exceed ten years thereafter, 
during which the Attorney General, in consultation with the Secretaries 
of State, Labor, and Interior, shall establish, administer, and enforce 
a transition program for immigration to the Commonwealth of the 
Northern Mariana Islands (the ``transition program''). The transition 
program established pursuant to this section shall provide for the 
issuance of nonimmigrant temporary alien worker visas pursuant to 
subsection (b), and, under the circumstances set forth in subsection 
(c), for family-sponsored and employment-based immigrant visas. The 
transition program shall be implemented pursuant to regulations to be 
promulgated as appropriate by each agency having responsibilities under 
the transition program.</DELETED>
<DELETED>    ``(b) 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, as 
amended:</DELETED>
        <DELETED>    ``(1) Aliens admitted under this subsection shall 
        be treated as aliens seeking classification as nonimmigrants 
        under section 101(a)(15) of the Immigration and Nationality 
        Act, as amended, including the right to apply, if otherwise 
        eligible, for a change of nonimmigrant status under section 248 
        of the Immigration and Nationality Act, as amended, or 
        adjustment of status, if eligible therefor, under subsection 
        (c) of this section and section 245 of the Immigration and 
        Nationality Act, as amended.</DELETED>
        <DELETED>    ``(2)(A) The 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, as amended. This system shall provide for 
        a reduction in the allocation of permits for such workers on an 
        annual basis, over a period not to exceed ten years. 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 Secretary of Labor to 
        promote the maximum use of, and to prevent adverse effects on 
        wages and working conditions of, United States labor and 
        lawfully admissible freely associated state citizen 
        labor.</DELETED>
        <DELETED>    ``(B) The Secretary of Labor is authorized to 
        establish and collect appropriate user fees for the purpose of 
        this section. Amounts collected pursuant to this section shall 
        be deposited to 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.</DELETED>
        <DELETED>    ``(3) The Attorney General shall set the 
        conditions for admission of nonimmigrant temporary alien 
        workers under the transition program, and the 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, as amended, 
        except the Northern Mariana Islands. An alien admitted to 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) of this subsection have been met.</DELETED>
        <DELETED>    ``(4) An alien admitted as a nonimmigrant pursuant 
        to this subsection shall be permitted to transfer between 
        employers in the Northern Mariana Islands during the period of 
        such alien's authorized stay therein, provided that such 
        transfer is authorized by the Attorney General in accordance 
        with criteria established by the Attorney General and the 
        Secretary of Labor.</DELETED>
<DELETED>    ``(c) Immigrants.--With the exception of immediate 
relatives, as defined in section 201(b)(2) of the Immigration and 
Nationality Act, as amended, and except 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 Northern Mariana Islands, or at a port-of-entry in Guam for the 
purpose of immigrating to the Northern Mariana Islands:</DELETED>
        <DELETED>    ``(1) Family-sponsored immigrant visas.--The 
        Attorney General, based on a joint recommendation of the 
        Governor and 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 Northern Mariana Islands, or at a port-of-entry in Guam 
        for the purpose of immigrating to the Northern Mariana Islands, 
        pursuant to sections 202 and 203(a) of the Immigration and 
        Nationality Act, as amended, during the following fiscal 
        year.</DELETED>
        <DELETED>    ``(2) Employment-based immigrant visas.--
        </DELETED>
                <DELETED>    ``(A) If the Secretary of Labor, upon 
                receipt of a joint recommendation of the Governor and 
                Legislature of the Commonwealth of the Northern Mariana 
                Islands, finds that exceptional circumstances exist 
                with respect to the inability of employers in the 
                Northern Mariana Islands to obtain sufficient work-
                authorized labor, the Attorney General may establish a 
                specific number of employment-based immigrant visas to 
                be made available during the following fiscal year 
                under section 203(b) of the Immigration and nationality 
                Act, as amended.</DELETED>
                <DELETED>    ``(B) Upon notification by the Attorney 
                General that a number has been established pursuant to 
                subparagraph (A) of this paragraph, the Secretary of 
                State may allocate up to that number of visas without 
                regard to the numerical limitations set forth in 
                sections 202 and 203(b)(3)(B) of the Immigration and 
                Nationality Act, as amended. Visa numbers allocated 
                under this subparagraph shall be allocated first from 
                the number of visas available under section 203(b)(3) 
                of the Immigration and Nationality Act, as amended, or, 
                if such visa numbers are not available, from the number 
                of visas available under section 203(b)(5) of such 
                Act.</DELETED>
                <DELETED>    ``(C) Persons granted employment-based 
                immigrant visas under the transition program may be 
                admitted initially at a port-of-entry in the Northern 
                Mariana Islands, or at a port-of-entry in Guam for the 
                purpose of immigrating to the Northern Mariana Islands, 
                as lawful permanent residents of the United 
                States.</DELETED>
                <DELETED>    ``(D) Any immigrant visa issued pursuant 
                to this paragraph shall be valid only for application 
                for initial admission to the Northern Mariana Islands. 
                The admission of any alien pursuant to such an 
                immigrant visa shall be an admission for lawful 
                permanent residence and employment only in the Northern 
                Mariana Islands during the first five years after such 
                admission. Such admission shall not authorize permanent 
                residence or employment in any other part of the United 
                States during such five-year period. An alien admitted 
                for permanent residence pursuant to this paragraph 
                shall be issued appropriate documentation identifying 
                the person as having been admitted pursuant to the 
                terms and conditions of this transition program, and 
                shall be required to comply with a system for the 
                registration and reporting of aliens admitted for 
                permanent residence under the transition program, to be 
                established by the Attorney General, by regulation, 
                consistent with the Attorney General's authority under 
                Chapter 7 of Title II of the Immigration and 
                Nationality Act, as amended.</DELETED>
                <DELETED>    ``(E) 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, as amended, 
                for an immigrant visa or admission as a lawful 
                permanent resident under the Immigration and 
                Nationality Act, as amended.</DELETED>
                <DELETED>    ``(F) Any alien admitted under this 
                subsection, who violates the provisions of this 
                paragraph, or who is found removable or inadmissible 
                under section 237(a), or paragraphs (1), (2), (3), 
                (4)(A), (4)(B), (6), (7), (8), or (9) of section 
                212(a), shall be removed from the United States 
                pursuant to sections 239, 240, and 241 of the 
                Immigration and Nationality Act, as amended.</DELETED>
                <DELETED>    ``(G) The Attorney General may establish 
                by regulation a procedure by which an alien who has 
                obtained lawful permanent resident status pursuant to 
                this paragraph may apply for a waiver of the 
                limitations on the terms and conditions of such status. 
                The Attorney General may grant the application for 
                waiver, in the discretion of the Attorney General, if: 
                (1) the alien is not in removal proceedings, (2) the 
                alien has been a person of good moral character for the 
                preceding five years, (3) the alien has not violated 
                the terms and conditions of the alien's permanent 
                resident status, and (4) the alien would suffer 
                exceptional and extremely unusual hardship were such 
                terms and conditions not waived.</DELETED>
                <DELETED>    ``(H) The limitations on the terms and 
                conditions of an alien's permanent residence set forth 
                in this paragraph shall expire at the end of five years 
                after the alien's admission to the Northern Mariana 
                Islands as a permanent resident and the alien is 
                thereafter fully subject to the provisions of the 
                Immigration and Nationality Act, as amended. Following 
                the expiration of such limitations, the permanent 
                resident alien may engage in any lawful activity, 
                including employment, anywhere in the United States. 
                Such an alien, if otherwise eligible for 
                naturalization, may count the five-year period in the 
                Northern Mariana Islands towards time in the United 
                States for purposes of meeting the residence 
                requirements of Title III of the Immigration and 
                Nationality Act, as amended.</DELETED>
<DELETED>    ``(d) Investor Visas.--The following requirements shall 
apply to aliens who have been admitted to the Northern Mariana Islands 
in long-term investor status under the immigration laws of the 
Commonwealth of the Northern Mariana Islands on or before the effective 
date of this Act and who have continuously maintained residence in the 
Northern Mariana Islands pursuant to such status:</DELETED>
        <DELETED>    ``(1) Such aliens may apply to the Attorney 
        General or a consular officer for classification as a 
        nonimmigrant under the transition program. Any nonimmigrant 
        status granted as a result of such application shall terminate 
        not later than December 31, 2008.</DELETED>
        <DELETED>    ``(2) During the six-month period beginning 
        January 1, 2008, and ending June 30, 2008, any alien granted 
        nonimmigrant status pursuant to paragraph (1) of this 
        subsection shall be permitted to apply to the Attorney General 
        for status as a lawful permanent resident of the United States 
        effective on or after January 1, 2009, amd may be granted such 
        status if otherwise admissible. Upon granting permanent 
        residence to any such alien, the Attorney General shall advise 
        the Secretary of State who shall reduce by one number, during 
        the fiscal year in which the grant of status becomes effective, 
        the total number of immigrant visas available to natives of the 
        country of the alien's chargeability under section 202(b) of 
        the Immigration and Nationality Act, as amended.</DELETED>
<DELETED>    ``(e) Persons Lawfully Admitted Under the Commonwealth of 
the Northern Mariana Islands Immigration Law.--Subject to subsection 
(d) of this section, persons who would have been lawfully present in 
the Northern Mariana Islands pursuant to the immigration laws of the 
Commonwealth of the Northern Mariana Islands on the effective date of 
this subsection, shall be permitted to remain in the Northern Mariana 
Islands for the completion of the period of admission under such laws, 
or for two years, which is less.</DELETED>
<DELETED>    ``(f) Travel Restrictions for Certain Applicants for 
Asylum.--Any alien admitted to the Northern Mariana Islands pursuant to 
the immigration laws of the Commonwealth of the Northern Mariana 
Islands or pursuant to subsections (b) or (c) of this section who files 
an application seeking asylum in the United States shall be required, 
pursuant to regulations established by the Attorney General, to remain 
in the Northern Mariana Islands, during the period of time the 
application is being adjudicated or during any appeals filed subsequent 
to such adjudication. An applicant for asylum who, during the time his 
application is being adjudicated or during any appeals filed subsequent 
to such adjudication, leaves the Northern Mariana Islands of his own 
will without prior authorization by the Attorney General thereby 
abandons the application.</DELETED>
<DELETED>    ``(g) Effect on Other Laws.--Effective on the first day of 
the first full month commencing one year after the date of enactment of 
this section, the provisions of this section and the Immigration and 
Nationality Act, as amended, shall 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 Northern Mariana Islands.''</DELETED>
<DELETED>    ``(h) Accrual of Time.--No time of ``unlawful presence'' 
in the Northern Mariana Islands shall accrue for purposes of the ground 
of inadmissibility in section 212(a)(9)(B) prior to the date of 
enactment of this subsection.</DELETED>
<DELETED>    (b) Conforming Amendments.--(1) Effective on the first day 
of the first full month commencing one year after the date of enactment 
of this section, section 101(a) of the Immigration and Nationality Act, 
as amended, is amended as follows:</DELETED>
        <DELETED>    (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 Northern Mariana 
        Islands.''; and</DELETED>
        <DELETED>    (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 Northern Mariana 
        Islands.''.</DELETED>
<DELETED>    (2) Effective on the first day of the first full month 
commencing on date of enactment of this section, subsection (l) of 
section 212 of the Immigration and Nationality Act, as amended, is 
amended as follows:</DELETED>
        <DELETED>    (A) in paragraph (1),</DELETED>
                <DELETED>    (i) strike the words ``stay on Guam'', and 
                insert the words ``stay on Guam and the Northern 
                Mariana Islands'',</DELETED>
                <DELETED>    (ii) after the word ``exceed'' insert the 
                words ``a total of '', and,</DELETED>
                <DELETED>    (iii) strike the words ``after 
                consultation with the Governor of Guam,'' and insert 
                the words ``after respective consultation with the 
                Governor of Guam or the Governor of the Commonwealth of 
                the Northern Mariana Islands,'';</DELETED>
        <DELETED>    (B) in subparagraph (A) of paragraph (1), strike 
        the words ``on Guam'', and insert the words ``on Guam or the 
        Northern Mariana Islands, respectively,'';</DELETED>
        <DELETED>    (C) in subparagraph (A) of paragraph (2), strike 
        the words ``into Guam'', and insert the words ``into Guam or 
        the Northern Mariana Islands, respectively,''; and</DELETED>
        <DELETED>    (D) in paragraph (3), strike the words 
        ``Government of Guam'' and insert the words ``Government of 
        Guam or the Government of the Commonwealth of the Northern 
        Mariana Islands''.</DELETED>
<DELETED>    (c) Technical Assistance Program.--The Secretaries of the 
Interior and Labor, in consultation with the Commonwealth of the 
Northern Mariana Islands, shall develop a program of technical 
assistance, including recruitment and training, to aid employers in 
securing employees from among United States labor or lawfully 
admissible freely associated state citizen labor.</DELETED>
<DELETED>    (d) Department of Justice and Department of Labor 
Operations.--The Attorney General and the Department of Labor are 
authorized to establish and maintain Immigration and Naturalization 
Service, Executive Office of Immigration Review, and Department of 
Labor operations in 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 Departments of 
Justice and Labor shall recruit and hire from among qualified 
applicants resident in the Northern Mariana Islands for staffing such 
operations.</DELETED>
<DELETED>    (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 
Northern Mariana Islands, and at other times as the President deems 
appropriate.</DELETED>
<DELETED>    (f) Limitation on Number of Temporary Workers Prior to 
Application of the Immigration and Naturalization Act and Establishment 
of the Transition Program.--During the period between enactment of this 
section and the effective date of the transition program, the 
government of the Commonwealth of the Northern Mariana Islands shall 
not permit an increase in the total number of temporary alien workers 
who were present in the Northern Mariana Islands on the date of 
enactment of this section.</DELETED>
<DELETED>    (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, as amended, 
with respect to the Northern Mariana Islands.</DELETED>

<DELETED>SEC. 3. MINIMUM WAGE.</DELETED>

<DELETED>    The Covenant Act is amended to add the following new 
section 7 after section 6:</DELETED>

<DELETED>``SEC. 7. MINIMUM WAGE.</DELETED>

<DELETED>    ``Pursuant to section 503 of the Covenant to Establish a 
Commonwealth of the Northern Mariana Islands in Political Union with 
the United States of America (approved in Public Law 94-241, 90 Stat. 
263)--</DELETED>
<DELETED>    ``(a) Effective thirty days after enactment of this Act, 
the minimum wage provisions of section 6 of the Fair Labor Standards 
Act of June 25, 1938 (52 Stat. 1062), as amended, shall apply to the 
Commonwealth of the Northern Mariana Islands except:</DELETED>
        <DELETED>    ``(1) the minimum wage rate applicable to the 
        Commonwealth of the Northern Mariana Islands shall be $3.35 per 
        hour; and</DELETED>
        <DELETED>    ``(2) effective January 1, 1999, and every January 
        1 thereafter, the minimum wage rate applicable to the 
        Commonwealth of the Northern Mariana Islands shall be raised by 
        thirty cents per hour or the amount necessary to raise the 
        applicable minimum wage rate to the wage rate set forth in 
        section 6(a)(1) of the Fair Labor Standards Act, whichever is 
        less; and</DELETED>
<DELETED>    ``(b) Once the minimum wage rate applicable to the 
Commonwealth of the Northern Mariana Islands is equal to the wage rate 
set forth in section 6(a)(1) of the Fair Labor Standards Act, the 
minimum wage rate applicable to the Commonwealth of the Northern 
Mariana Islands shall thereafter be the wage rate set forth in section 
6(a)(1) of the Fair Labor Standards Act.</DELETED>

<DELETED>SEC. 4. LABELING REQUIREMENTS FOR TEXTILE AND APPAREL 
              PRODUCTS.</DELETED>

<DELETED>    The Covenant Act is amended to add the following new 
section 8 after section 7:</DELETED>

<DELETED>``SEC. 8. LABELING OF TEXTILE AND APPAREL PRODUCTS.</DELETED>

<DELETED>    (a) No textile or apparel product that is produced in the 
Northern Mariana Islands shall have a stamp, tag, label, or other means 
of identification or substitute therefor on or affixed to the product 
stating `Made in USA' or otherwise stating or implying that the product 
was produced in the United States unless the product is produced in a 
factory certified by the United States Department of Labor, in 
accordance with regulations issued by the Secretary of Labor, to use 
full-time employee equivalents of labor in the required percentage of 
qualified hours.</DELETED>
<DELETED>    ``(b) A textile or apparel product that does not meet the 
requirements of subsection (a), or where the certification by the 
United States Department of Labor is based on false or incomplete 
information provided to the United States Department of Labor, shall be 
deemed to be misbranded for the purposes of the Textile Fiber Products 
Identification Act (Public Law 85-897, 72 Stat. 1717).</DELETED>
<DELETED>    ``(c) In this section:</DELETED>
        <DELETED>    ``(1) Freely associated state.--The term `freely 
        associated state' means the Republic of Palau, the Republic of 
        the Marshall Islands, or the Federated States of 
        Micronesia.</DELETED>
        <DELETED>    ``(2) Qualified hours.--The term `qualified hours' 
        means the hours of labor performed by a person who is a 
        citizen, national, or other protected individual as defined in 
        section 274B(a)(3) of the Immigration and Nationality Act, as 
        amended (without regard to application for naturalization), or 
        who is a citizen of a freely associated state (as long as 
        section 141 in the respective Compacts of Free Association with 
        the Republic of the Marshall Islands, the Federated States of 
        Micronesia or the Republic of Palau (Public Law 99-239 or 
        Public Law 99-658) or equivalent provisions are in 
        effect).</DELETED>
        <DELETED>    ``(3) Required percentage.--The term `required 
        percentage' means--</DELETED>
                <DELETED>    ``(A) 20 percent, for the period beginning 
                January 1, 1998, through December 31, 1998;</DELETED>
                <DELETED>    ``(B) 35 percent, for the period beginning 
                January 1, 1999, through December 31, 1999; 
                and</DELETED>
                <DELETED>    ``(C) 50 percent, for the period beginning 
                January 1, 2000, and thereafter.''</DELETED>

<DELETED>SEC. 5. TARIFFS.</DELETED>

<DELETED>    General Note 3(a)(iv) of the Harmonized Tariff Schedules 
of the United States is amended to add at the end the 
following:</DELETED>
                <DELETED>    ``(E) No textile or apparel product that 
                is produced in the Northern Mariana Islands shall be 
                admitted duty-free into the customs territory of the 
                United States as the product of an insular possession, 
                unless the product is produced in a factory certified 
                by the United States Department of Labor, in accordance 
                with regulations issued by the Secretary of Labor, to 
                use full-time employee equivalents of labor in the 
                required percentage of qualified hours. In this 
                subparagraph:</DELETED>
                        <DELETED>    ``(i) Freely associated state.--
                        The term `freely associated state' means the 
                        Republic of Palau, the Republic of the Marshall 
                        Islands, or the Federated States of 
                        Micronesia.</DELETED>
                        <DELETED>    ``(ii) Qualified hours.--The term 
                        `qualified hours' means the hours of labor 
                        performed by a person who is a citizen, 
                        national, or other protected individual as 
                        defined in section 274B(a)(3) of the 
                        Immigration and Nationality Act, as amended 
                        (without regard to application for 
                        naturalization), or who is a citizen of a 
                        freely associated state (as long as section 141 
                        in the respective Compacts of Free Association 
                        with the Republic of the Marshall Islands, the 
                        Federated States of Micronesia or the Republic 
                        of Palau (Public Law 99-239 or Public Law 99-
                        658) or equivalent provisions are in 
                        effect).</DELETED>
                        <DELETED>    ``(iii) Required percentage.--The 
                        term `required percentage' means--</DELETED>
                                <DELETED>    ``(I) 20 percent, for the 
                                period beginning January 1, 1998, 
                                through December 31, 1998;</DELETED>
                                <DELETED>    ``(II) 35 percent, for the 
                                period beginning January 1, 1999, 
                                through December 31, 1999; 
                                and</DELETED>
                                <DELETED>    ``(III) 50 percent, for 
                                the period beginning January 1, 2000, 
                                and thereafter.''</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Northern Mariana Islands Covenant 
Implementation Act''.

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. TRANSITION PROGRAM.

    ``(a) Attorney General Findings.--
            ``(1) Minimum standards.--Within ninety days after the date 
        of enactment of the Northern Mariana Islands Covenant 
        Implementation Act, the Attorney General shall determine, and 
        publish by notice in the Federal Register, minimum standards 
        that the Attorney General deems necessary to ensure an 
        effective system of immigration control for the Commonwealth of 
        the Northern Mariana Islands. The determination of such minimum 
        standards shall rest within the sole discretion of the Attorney 
        General, shall not be subject to the rulemaking requirements of 
        the Administrative Procedure Act (5 U.S.C. 533-557), and may be 
        reviewed solely pursuant to paragraph (3) of this subsection.
            ``(2) Findings.--One year after the date of enactment of 
        the Northern Mariana Islands Covenant Implementation Act, or, 
        if applicable, ninety days after the issuance of a final 
        judicial determination pursuant to paragraph (3), whichever is 
        later, the Attorney General, after consultation with the 
        Government of the Commonwealth of the Northern Mariana Islands, 
        shall make the following findings:
                    ``(A) whether the Government of the Commonwealth of 
                Northern Mariana Islands possesses the institutional 
                capability to administer an effective system of 
                immigration control, consistent with the minimum 
                standards established under paragraph (1), and
                    ``(B) if the Attorney General determines that the 
                Government of the Commonwealth of the Northern Marianas 
                possesses such institutional capability, whether the 
                Government of the Commonwealth of the Northern Mariana 
                Islands has demonstrated a genuine commitment to 
                enforce an effective system of immigration control 
                consistent with the minimum standards established under 
                paragraph (1). The findings by the Attorney General 
                regarding the institutional capability of the 
                Government of the Commonwealth of the Northern Mariana 
                Islands, and if applicable, the genuine commitment of 
                the Government of the Commonwealth of the Northern 
                Mariana Islands to enforce an effective system of 
                immigration control, shall be published in the Federal 
                Register in a timely manner.
            ``(3) Accelerated judicial review of minimum standards.--
        Except for review in the Supreme Court of the United States, 
        the United States Court of Appeals for the District of Columbia 
        Circuit shall have original and exclusive jurisdiction over any 
        complaint of the Government of the Commonwealth of the Northern 
        Mariana Islands seeking review of the minimum standards 
        established under paragraph (1). No other person or entity 
        shall have the right to seek review of these minimum standards. 
        For purposes of this paragraph, a petition for review will be 
        deemed to have been timely filed only if it is made within 
        ninety days after publication of the standards in the Federal 
        Register. It shall be the duty of the reviewing court to 
        advance on the docket and to expedite to the greatest possible 
        extent the disposition of any matter brought under this 
        paragraph. In the event that there is issued a final judicial 
        determination invalidating the minimum standards, the Attorney 
        General shall have published in the Federal Register new 
        minimum standards within ninety days of such final judicial 
        determination. Such new minimum standards shall be reviewable 
        solely pursuant to this paragraph.
            ``(4) Accelerated judicial review of the findings of the 
        attorney general.--The findings of the Attorney General 
        described in subparagraphs (A) and (B) of paragraph (2) shall 
        be deemed to be final upon publication in the Federal 
Register, unless the Government of the Commonwealth of the Northern 
Mariana Islands seeks review of these findings by filing a timely 
petition for review, pursuant to this paragraph, with the United States 
Court of Appeals for the District of Columbia Circuit. No other person 
or entity shall have the right to seek review of the findings of the 
Attorney General. For purposes of this paragraph, a petition for review 
will be deemed to have been timely filed only if it is made within 
ninety days of publication of the findings of the Attorney General in 
the Federal Register. Except for review in the Supreme Court of the 
United States, the United States Court of Appeals for the District of 
Columbia Circuit shall have original and exclusive jurisdiction over 
any review of the findings of the Attorney General. It shall be the 
duty of the reviewing court to advance on the docket and to expedite to 
the greatest possible extent the disposition of any matter brought 
under this paragraph. In the event that there is issued a final 
judicial determination upholding the findings of the Attorney General, 
then the provisions of subsections (b) through (j) shall take effect 
180 days after the date of such a final judicial determination. In the 
event that there is a final judicial determination invalidating the 
findings of the Attorney General, subject to subparagraph (6), then the 
provisions of subsections (b) through (j) shall not take effect. 
Nothing in this paragraph shall limit the authority of the Attorney 
General to make new findings pursuant to paragraph (2)(B) at any time 
after such a final judicial determination.
            ``(5) Effective date.--Subject to paragraphs (4) and (6), 
        if the Attorney General finds either that the Commonwealth of 
        the Northern Marianas Islands does not have the institutional 
        capability to meet the minimum standards described in paragraph 
        (2)(A) or has not demonstrated a genuine commitment to enforce 
        an effective system of immigration control consistent with the 
        minimum standards required in paragraph (2)(B), then 
        subsections (b) through (j) shall take effect 180 days after 
        the finding is published. If the Attorney General determines 
        that the Government of the Commonwealth of Northern Mariana 
        Islands has such institutional capability and genuine 
        commitment, subject to paragraph (6), then the provisions of 
        subsections (b) through (j) shall not take effect.
            ``(6) Subsequent findings.--If the Attorney General finds 
        that the Government of the Commonwealth of the Northern Mariana 
        Islands meets the requirements of subparagraphs (A) and (B) of 
        paragraph (2), the Attorney General, every three years 
        thereafter, shall make findings with respect to whether the 
        Government of the Commonwealth of the Northern Mariana Islands 
        continues to meet the requirements of such subparagraphs. The 
        subsequent findings of the Attorney General shall be reviewable 
        solely pursuant to paragraph (4).
    ``(b) Application of the Immigration and Nationality Act and 
Establishment of a Transition Program.--Except as provided in 
subsection (c), the provisions of the Immigration and Nationality Act 
(8 U.S.C. 1101) shall apply to the Commonwealth of the Northern Mariana 
Islands: Provided, That there shall be a transition period not to 
exceed ten years following the effective date of the provisions of 
subsections (b) through (j) of this section (except for subsection 
(e)(2)(I), if needed), during which the Attorney General, in 
consultation with the 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 (the 
`transition program'). The transition program established pursuant to 
this section shall provide for the issuance of nonimmigrant temporary 
alien worker visas pursuant to subsection (d), and, under the 
circumstances set forth in subsection (e), for family-sponsored and 
employment-based immigrant visas. The transition program shall be 
implemented pursuant to regulations to be promulgated as appropriate by 
each agency having responsibilities under the transition program.
    ``(c) 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 regard to the numerical 
limitations set forth in section 214(g) of such Act (8 U.S.C. 1184(g)).
    ``(d) 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 have the 
        same privileges as nonimmigrants under section 101(a)(15) of 
the Immigration and Nationality Act (8 U.S.C. 1258), including the 
ability to apply, if otherwise eligible, for a change of nonimmigrant 
status under section 248 of such Act (8 U.S.C. 1258), or adjustment of 
status, if eligible therefor, under this section and section 245(e) of 
such Act (8 U.S.C. 1255(e)).
            ``(2)(A) The 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 exceed ten years. 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 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 under section 274A of the Immigration and 
        Nationality Act (8 U.S.C. 1324a), and lawfully admissible 
        freely associated state citizen labor.
            ``(B) The Secretary of Labor is authorized to establish and 
        collect appropriate user fees for the purpose 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 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 to the extent 
        that such transfer is authorized by the Attorney General in 
        accordance with criteria established by the Attorney General 
        and the Secretary of Labor.
    ``(e) 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, except as provided in paragraphs (1) and (2), 
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 at a port-of-entry in Guam for the 
purpose of immigrating to the Commonwealth of the Northern Mariana 
Islands.
            ``(1) Family-sponsored immigrant visas.--The Attorney 
        General, based on a joint recommendation of the Governor and 
        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)) during the following fiscal year.
            ``(2) Employment-based immigrant visas.--
                    ``(A) If the Secretary of Labor, upon receipt of a 
                joint recommendation of the Governor and 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 to be made available during the 
following fiscal year under section 203(b) of the Immigration and 
Nationality Act (8 U.S.C. 1153(b)).
                    ``(B) Upon notification by the Attorney General 
                that a number has been established pursuant to 
                subparagraph (A), the Secretary of State may allocate 
                up to that number of visas without regard to the 
                numerical limitations set forth in sections 202 and 
                203(b)(3)(B) of the Immigration and Nationality Act (8 
                U.S.C. 1152 and 1153(b)(3)(B)). Visa numbers allocated 
                under this subparagraph shall be allocated first from 
                the number of visas available under section 203(b)(3) 
                of such Act (8 U.S.C. 1153(b)(3)), or, if such visa 
                numbers are not available, from the number of visas 
                available under section 203(b)(5) of such Act (8 U.S.C. 
                1153(b)(5)).
                    ``(C) 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.
                    ``(D) Any immigrant visa issued pursuant to this 
                paragraph shall be valid only for application for 
                initial admission to the Commonwealth of the Northern 
                Mariana Islands. The admission of any alien pursuant to 
                such an immigrant visa shall be an admission for lawful 
                permanent residence and employment only in the 
                Commonwealth of the Northern Mariana Islands during the 
                first five years after such admission. Such admission 
                shall not authorize permanent residence or employment 
                in any other part of the United States during such 
                five-year period. An alien admitted for permanent 
                residence pursuant to this paragraph shall be issued 
                appropriate documentation identifying the person as 
                having been admitted pursuant to the terms and 
                conditions of this transition program, and shall be 
                required to comply with a system for the registration 
                and reporting of aliens admitted for permanent 
                residence under the transition program, to be 
                established by the Attorney General, by regulation, 
                consistent with the Attorney General's authority under 
                Chapter 7 of Title II of the Immigration and 
                Nationality Act (8 U.S.C. 1301-1306).
                    ``(E) 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 for an immigrant visa or admission as a 
                lawful permanent resident under the Immigration and 
                Nationality Act.
                    ``(F) Any alien admitted under this subsection, who 
                violates the provisions of this paragraph, or who is 
                found removable or inadmissible under section 237(a) (8 
                U.S.C. 1227(a)), or paragraphs (1), (2), (3), (4)(A), 
                (4)(B), (6), (7), (8), or (9) of section 212(a) (8 
                U.S.C. 1182(a)), shall be removed from the United 
                States pursuant to sections 239, 240, and 241 of the 
                Immigration and Nationality Act (8 U.S.C. 1229, 1230, 
                and 1231).
                    ``(G) The Attorney General may establish by 
                regulation a procedure by which an alien who has 
                obtained lawful permanent resident status pursuant to 
                this paragraph may apply for a waiver of the 
                limitations on the terms and conditions of such status. 
                The Attorney General may grant the application for 
                waiver, in the discretion of the Attorney General, if--
                            ``(i) the alien is not in removal 
                        proceedings,
                            ``(ii) the alien has been a person of good 
                        moral character for the preceding five years,
                            ``(iii) the alien has not violated the 
                        terms and conditions of the alien's permanent 
                        resident status, and
                            ``(iv) the alien would suffer exceptional 
                        and extremely unusual hardship were such terms 
                        and conditions not waived.
                    ``(H) The limitations on the terms and conditions 
                of an alien's permanent residence set forth in this 
                paragraph shall expire at the end of five years after 
                the alien's admission to the Commonwealth of the 
                Northern Mariana Islands as a permanent resident and 
the alien is thereafter fully subject to the provisions of the 
Immigration and Nationality Act. Following the expiration of such 
limitations, the permanent resident alien may engage in any lawful 
activity, including employment, anywhere in the United States. Such an 
alien, if otherwise eligible for naturalization, may count the five-
year period in the Commonwealth of the Northern Mariana Islands towards 
time in the United States for purposes of meeting the residence 
requirements of Title III of the Immigration and Nationality Act.
                    ``(I) Special provision to ensure adequate 
                employment in the hotel industry after the transition 
                period ends.--During the fiscal year preceding the 
                ninth anniversary of the effective date of this 
                subsection, and in the fourth year of any extension 
                thereafter, the Attorney General and the Secretary of 
                Labor shall consult with the Governor of the 
                Commonwealth of the Northern Mariana Islands to 
                ascertain the current and future labor needs of the 
                hotel industry in the Commonwealth of the Northern 
                Mariana Islands, and to determine whether a five-year 
                extension of the provisions of this paragraph would be 
                necessary to ensure an adequate number of workers in 
                the hotel industry. If the Attorney General and 
                Secretary of Labor determine that such an extension is 
                necessary to ensure an adequate number of workers in 
                the hotel 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 hotel industry 
                only. The Attorney General may authorize further 
                extensions of this paragraph with respect to the hotel 
                industry in the Commonwealth of the Northern Mariana 
                Islands if, after the Attorney General and the 
                Secretary of Labor have consulted with the Governor of 
                the Commonwealth of the Northern Mariana Islands, the 
                Attorney General determines that a further extension is 
                required to ensure an adequate number of workers in the 
                hotel industry in the Commonwealth of the Northern 
                Mariana Islands.
    ``(f) Investor Visas.--The following requirements shall apply to 
aliens who have 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 on or before the 
effective date of the Northern Mariana Islands Covenant Implementation 
Act and who have continuously maintained residence in the Commonwealth 
of the Northern Mariana Islands pursuant to such status:
            ``(1) Such aliens may apply to the Attorney General or a 
        consular officer for classification as a nonimmigrant under the 
        transition program. Any nonimmigrant status granted as a result 
        of such application shall terminate not later than December 31, 
        2008.
            ``(2) During the six-month period beginning January 1, 
        2008, and ending June 30, 2008, any alien granted nonimmigrant 
        status pursuant to paragraph (1) shall be permitted to apply to 
        the Attorney General for status as a lawful permanent resident 
        of the United States effective on or after January 1, 2009, and 
        may be granted such status if otherwise admissible. Upon 
        granting permanent residence to any such alien, the Attorney 
        General shall advise the Secretary of State who shall reduce by 
        one number, during the fiscal year in which the grant of status 
        becomes effective, the total number of immigrant visas 
        available to natives of the country of the alien's 
        chargeability under section 202(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1152(b)).
    ``(g) Persons Lawfully Admitted Under the Commonwealth of the 
Northern Mariana Islands Immigration Law.--Notwithstanding subsection 
(d) of this section, persons who would have been 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 effective date of this subsection, shall be permitted to remain in 
the Commonwealth of the Northern Mariana Islands for the completion of 
the period of admission under such laws, or for two years, which is 
less.
    ``(h) Travel Restrictions for Certain Applicants for Asylum.--Any 
alien admitted to the Northern Mariana Islands pursuant to the 
immigration laws of the Commonwealth of the Northern Mariana Islands or 
pursuant to subsection (d) or (e) of this section who files an 
application seeking asylum in the United States shall be required, 
pursuant to regulations established by the Attorney General, to remain 
in the Commonwealth of the Northern Mariana Islands, during the period 
of time the application is being adjudicated or during any appeals 
filed subsequent to such adjudication. An applicant for asylum who, 
during the time his application is being adjudicated or during any 
appeals filed subsequent to such adjudication, leaves the Commonwealth 
of the Northern Mariana Islands of his own will without prior 
authorization by the Attorney General thereby abandons the application.
    ``(i) 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 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.
    ``(j) Accrual of Time for Purposes of Section 212(a)(9)(B) of the 
Immigration and Nationality Act.--No time that an alien was present in 
violation of the laws of the Commonwealth of the Northern Mariana 
Islands shall 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)) prior to the date of enactment of this 
subsection.''
    (b) Conforming Amendments.--(1) Section 101(a) of the Immigration 
and Nationality Act (8 U.S.C. 101(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 and 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,'';
            (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 Naturalization Act made 
by this subsection shall take effect when sections 6(b) through 6(j) of 
Public Law 94-241 take effect.
    (c) Technical Assistance Program.--The Secretaries of the Interior 
and Labor, in consultation with the Commonwealth of the Northern 
Mariana Islands, shall develop a program of technical assistance, 
including recruitment and training, to aid employers in securing 
employees from among United States labor or lawfully admissible freely 
associated state citizen labor.
    (d) Department of Justice and Department of Labor Operations.--The 
Attorney General and the Department of Labor are authorized to 
establish and maintain Immigration and Naturalization Service, 
Executive Office of Immigration Review, and 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 
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.
    (f) Limitation on Number of Temporary Workers Prior to Findings of 
the Attorney General or Application of the Immigration and Nationality 
Act, and Establishment of the Transition Program.--During the period 
between enactment of this Act and either the date that the Attorney 
General finds that the Government of the Commonwealth of the Northern 
Mariana Islands possesses the institutional capability and genuine 
commitment to enforce an effective system of immigration control under 
section 6(a)(2) of Public Law 94-241 (as amended by this Act), or, if 
the Attorney General finds that the Government of the Commonwealth of 
Northern Marianas fails to meet such conditions, the effective date of 
the transition program established under section 6 of such Act, the 
Government of the Commonwealth of the Northern Mariana Islands shall 
not permit an increase in the total number of temporary alien workers 
who are legally present in the Commonwealth of the Northern Mariana 
Islands on the date of enactment of this section.
    (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.
    (h) Effective Date.--Subsections (c) through (g) of this section 
shall take effect when sections 6(b) through 6(j) of Public Law 94-241 
take effect.

SEC. 3. INDUSTRY COMMITTEE.

    The Fair Labor Standards Act of 1938 (52 Stat. 1062, 29 U.S.C. 201) 
is amended as follows:
            (1) in section 5 (29 U.S.C. 205), by inserting ``or the 
        Northern Mariana Islands, respectively,'' after ``American 
        Samoa,'' each place it appears;
            (2) in paragraph 6(a)(3) (29 U.S.C. 206(a)(3)),--
                    (A) by inserting ``or the Northern Mariana 
                Islands,'' after ``American Samoa,'',
                    (B) by inserting ``, except that, in the case of 
                the Northern Mariana Islands, the rate shall not be 
                raised more than fifty cents per year'' after ``of this 
                subsection'' and before the semicolon;
            (3) in section 8 (29 U.S.C. 208), by inserting ``or the 
        Northern Mariana Islands, respectively,'' after ``American 
        Samoa,'' each place it appears; and
            (4) in subsection 13(f) (29 U.S.C. 213(f)), by inserting 
        ``the Northern Mariana Islands;'' after ``American Samoa;''.
                                 <all>