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







106th CONGRESS
  1st Session
                                S. 1052

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

                              May 13, 1999

Mr. Murkowski (for himself, Mr. Akaka, and Mr. Bingaman) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 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,

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 
                the 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 Mariana 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 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 the 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 nomimmigrant 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 US.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 Act 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) Nonimmigrant Investor Visas.--
            ``(1) Notwithstanding the treaty requirements in section 
        101(a)(15)(e) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(E)), the Attorney General may, upon the application 
        of the alien classify an alien as a nonimmigrant under section 
        101(a)(15)(E)(ii) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(15)(E)(ii)) if the alien--
                    ``(A) has been admitted to the Commonwealth of the 
                Northern Mariana Islands in long-term investor status 
                under the immigration laws of the Commonwealth of the 
                Northern Mariana Islands on or before the effective 
                date of this subsection;
                    ``(B) has continuously maintained residence in the 
                Commonwealth of the Northern Mariana Islands under 
                long-term investor status;
                    ``(C) is otherwise admissible; and
                    ``(D) maintains the investment or investments that 
                formed the basis for such long-term investor status.
            ``(2) Within 180 days after the effective date of this 
        subsection, the Attorney General and the Secretary of State 
        shall jointly publish regulations in the Federal Register to 
        implement this subsection.
            ``(3) The Attorney General shall treat an alien that meets 
        the requirements of paragraph (1) as a nonimmigrant under 
        section 101(a)(15)(E)(ii) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(15)(E)(ii)) until the regulations 
        implementing this subsection are published.
    ``(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, whichever is 
less.
    ``(h) Travel Restrictions for Certain Applicants for Asylum.--Any 
alien admitted to the Commonwealth of the Northern Mariana Islands 
pursuant to the immigration laws of the Commonwealth of the Northern 
Mariana Islands or pursuant to subsections (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, as Amended.--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 
Nationalities 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(1) of the Immigration and Nationality Act (8 U.S.C. 
1182(1)) 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 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, as Amended, 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 the 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.
                                 <all>