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





                                                       Calendar No. 360

106th CONGRESS

  1st Session

                                S. 1052

                          [Report No. 106-204]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            November 1, 1999

                       Reported with an amendment





                                                       Calendar No. 360
106th CONGRESS
  1st Session
                                S. 1052

                          [Report No. 106-204]

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, Mr. Bingaman, and Mr. Harkin) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

                            November 1, 1999

              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.</DELETED>

<DELETED>    This Act may be cited as the ``Northern Mariana Islands 
Covenant Implementation Act''.</DELETED>

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

<DELETED>    (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:</DELETED>

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

<DELETED>    ``(a) Attorney General Findings.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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)).</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(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)).</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. 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.</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 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.</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 (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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</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 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.</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 
                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)).</DELETED>
                <DELETED>    ``(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)).</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</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 for an 
                immigrant visa or admission as a lawful permanent 
                resident under the Immigration and Nationality 
                Act.</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) (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).</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--
                </DELETED>
                        <DELETED>    ``(i) the alien is not in removal 
                        proceedings,</DELETED>
                        <DELETED>    ``(ii) the alien has been a person 
                        of good moral character for the preceding five 
                        years,</DELETED>
                        <DELETED>    ``(iii) the alien has not violated 
                        the terms and conditions of the alien's 
                        permanent resident status, and</DELETED>
                        <DELETED>    ``(iv) 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 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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Nonimmigrant Investor Visas.--</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) has continuously maintained 
                residence in the Commonwealth of the Northern Mariana 
                Islands under long-term investor status;</DELETED>
                <DELETED>    ``(C) is otherwise admissible; 
                and</DELETED>
                <DELETED>    ``(D) maintains the investment or 
                investments that formed the basis for such long-term 
                investor status.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''</DELETED>
<DELETED>    (b) Conforming Amendments.--(1) Section 101(a) of the 
Immigration and Nationality Act (8 U.S.C. 101(a)) is amended:</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 Commonwealth of 
        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 Commonwealth of 
        the Northern Mariana Islands.''.</DELETED>
<DELETED>    (2) Section 212(1) of the Immigration and Nationality Act 
(8 U.S.C. 1182(1)) is amended--</DELETED>
        <DELETED>    (A) in paragraph (1)--</DELETED>
                <DELETED>    (i) by striking ``stay on Guam'', and 
                inserting ``stay on Guam and the Commonwealth of the 
                Northern Mariana Islands'',</DELETED>
                <DELETED>    (ii) by inserting ``a total of'' after 
                ``exceed'', and</DELETED>
                <DELETED>    (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,'';</DELETED>
        <DELETED>    (B) in paragraph (1)(A), by striking ``on Guam'', 
        and inserting ``on Guam or the Commonwealth of the Northern 
        Mariana Islands, respectively.''.</DELETED>
        <DELETED>    (C) in paragraph (2)(A), by striking ``into 
        Guam'', and inserting ``into Guam or the Commonwealth of the 
        Northern Mariana Islands, respectively,'';</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</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 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.</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 
Commonwealth of the Northern Mariana Islands, and at other times as the 
President deems appropriate.</DELETED>
<DELETED>    (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.</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 with respect to 
the Commonwealth of the Northern Mariana Islands.</DELETED>
<DELETED>    (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.</DELETED>

SECTION 1. SHORT TITLE AND PURPOSE.

    (a) This Act may be cited as the ``Northern Mariana Islands 
Covenant Implementation Act''.
    (b) Statement of Purpose.--In recognition of the need to ensure 
uniform adherence to long-standing fundamental immigration policies of 
the United States, it is the intention of Congress in enacting this 
legislation--
            (1) to ensure effective immigration control by extending 
        the Immigration and Nationality Act, as amended (8 U.S.C. 1101 
        et seq.), in full to the Commonwealth of the Northern Mariana 
        Islands, with special provisions to allow for the orderly 
        phasing-out of the nonresident contract worker program of the 
        Commonwealth of the Northern Mariana Islands, and the orderly 
        phasing-in of Federal responsibilities over immigration in the 
        Commonwealth of the Northern Mariana Islands;
            (2) to minimize, to the greatest extent possible, potential 
        adverse effects this orderly phase-out might have on the 
        economy of the Commonwealth of the Northern Mariana Islands by:
                    (A) encouraging diversification and growth of the 
                economy of the Commonwealth of the Northern Mariana 
                Islands consistent with fundamental values underlying 
                Federal immigration policy;
                    (B) recognizing local self-government, as provided 
                for in the Covenant to Establish a Commonwealth of the 
                Northern Mariana Islands in Political Union with the 
                United States of America through consultation with the 
                Governor and other elected officials of the Government 
                of the Commonwealth of the Northern Mariana Islands by 
                Federal agencies and by considering the views and 
                recommendations of such officials in the implementation 
                and enforcement of Federal law by Federal agencies;
                    (C) assisting the Commonwealth of the Northern 
                Mariana Islands to achieve a progressively higher 
                standard of living for its citizens through the 
                provision of technical and other assistance;
                    (D) providing opportunities for persons authorized 
                to work in the United States, including lawfully 
                admissible freely associated state citizen labor; and
                    (E) ensuring the ability of the locally elected 
                officials by the Commonwealth of the Northern Mariana 
                Islands to make fundamental policy decisions regarding 
                the direction and pace of the economic development and 
                growth of the Commonwealth of the Northern Mariana 
                Islands, consistent with the fundamental national 
                values underlying Federal immigration policy.

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. IMMIGRATION AND TRANSITION.

    ``(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 
the Northern Mariana Islands Covenant Implementation Act (hereafter the 
``transition program effective date''), the provisions of the 
Immigration and Nationality Act, as amended (8 U.S.C. 1101 et seq.) 
shall apply to the Commonwealth of the Northern Mariana Islands: 
Provided, That there shall be a transition period ending December 31, 
2009 (except for subsection (d)(2)(I)), following the transition 
program effective date, during which the Attorney General of the United 
States (hereafter ``Attorney General''), in consultation with the 
United States 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 provided in 
subsections (b), (c), (d), (e), (f), (g), and (j) of this section 
(hereafter the ``transition program''). The transition program shall be 
implemented pursuant to regulations to be promulgated as appropriate by 
each agency having responsibilities under the transition program.
    ``(b) 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)).
    ``(c) 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 be 
        treated as nonimmigrants under section 101(a)(15) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), 
        including the ability to apply, if otherwise eligible, for a 
        change of nonimmigrant classification under section 248 of such 
        Act (8 U.S.C. 1258), or adjustment of status, if eligible 
therefor, under this section and section 245 of such Act (8 U.S.C. 
1255).
            ``(2)(A) The United States 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 extend beyond 
        December 31, 2009, and shall take into account the number of 
        petitions granted under subsection (j). 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 United States 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, including lawfully admissible freely associated state 
        citizen labor, taking into consideration the objective of 
        providing as smooth a transition as possible to the full 
        application of federal law.
            ``(B) The United States Secretary of Labor is authorized to 
        establish and collect appropriate user fees for the purposes 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 United States 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, without advance 
        permission of the employee's current or prior employer, to the 
        extent that such transfer is authorized by the Attorney General 
        in accordance with criteria established by the Attorney General 
        and the United States Secretary of Labor.
    ``(d) 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 persons granted an immigrant visa 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 Commonwealth of the Northern Mariana Islands, 
or a port-of-entry in Guam for the purpose of immigrating to the 
Commonwealth of the Northern Mariana Islands.
            ``(1) Family-sponsored immigrant visas.--For any fiscal 
        year during which the transition program will be in effect, the 
        Attorney General, after consultation with the Governor and the 
        leadership of the 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)).
            ``(2) Employment-based immigrant visas.--
                    ``(A) If the Attorney General, after consultation 
                with the United States Secretary of Labor and the 
                Governor and the leadership of the 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)). The labor certification 
                requirements of section 212(a)(5) of the Immigration 
                and Nationality Act, as amended (8 U.S.C. 1182(a)(5)) 
                shall not apply to an alien seeking immigration 
                benefits under this subsection.
                    ``(B) Upon notification by the Attorney General 
                that a number has been established pursuant to 
                subparagraph (A), the United States 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 paragraph 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. Persons who would 
                otherwise be eligible for lawful permanent residence 
                under the transition program, and who would otherwise 
                be eligible for an adjustment of status, may have their 
                status adjusted within the Commonwealth of the Northern 
                Mariana Islands to that of an alien lawfully admitted 
                for permanent residence.
                    ``(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 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), (9), or (10) of section 212(a) 
                (8 U.S.C. 1182(a)), shall be removed from the United 
                States pursuant to sections 235, 238, 239, 240, or 241 
                of the Immigration and Nationality Act, as appropriate 
                (8 U.S.C. 1225, 1228, 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 limiting 
                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 
                        limiting terms and conditions not waived.
                    ``(H) The limiting 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. Following the 
                expiration of such limiting terms and conditions, 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 tourism industry after the transition 
                period ends.--
                            ``(i) During 2008, and in 2014 if a five 
                        year extension was granted, the Attorney 
                        General and the United States Secretary of 
                        Labor shall consult with the Governor of the 
                        Commonwealth of the Northern Mariana Islands 
                        and tourism businesses in the Commonwealth of 
                        the Northern Mariana Islands to ascertain the 
                        current and future labor needs of the tourism 
                        industry in the Commonwealth of the Northern 
                        Mariana Islands, and to determine whether a 
                        five-year extension of the provisions of this 
                        paragraph (d)(2) would be necessary to ensure 
                        an adequate number of workers for legitimate 
                        businesses in the tourism industry. For the 
                        purpose of this section, a business shall not 
                        be considered legitimate if it engages directly 
                        or indirectly in prostitution or any activity 
                        that is illegal under Federal or local law. The 
                        determination of whether a business is 
                        legitimate and whether it is sufficiently 
                        related to the tourism industry shall be made 
                        by the Attorney General in his sole discretion 
                        and shall not be reviewable. If the Attorney 
                        General after consultation with the United 
                        States Secretary of Labor determines, in the 
                        Attorney General's sole and unreviewable 
                        discretion, that such an extension is necessary 
                        to ensure an adequate number of workers for 
legitimate businesses in the tourism 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 tourism industry only. The Attorney General may 
authorize one further extension of this paragraph with respect to the 
tourism industry in the Commonwealth of the Northern Mariana Islands 
if, after the Attorney General consults with the United States 
Secretary of Labor and the Governor of the Commonwealth of the Northern 
Mariana Islands, and local tourism businesses, the Attorney General 
determines, in the Attorney General's sole discretion, that a further 
extension is required to ensure an adequate number of workers for 
legitimate businesses in the tourism industry in the Commonwealth of 
the Northern Mariana Islands. The determination as to whether a further 
extension is required shall not be reviewable.
                            ``(ii) The Attorney General, after 
                        consultation with the Governor of the 
                        Commonwealth of the Northern Mariana Islands 
                        and the United States Secretary of Labor and 
                        the United States Secretary of Commerce, may 
                        extend the provisions of this paragraph (d)(2) 
                        to legitimate businesses in industries outside 
                        the tourism industry for a single five year 
                        period if the Attorney General, in the Attorney 
                        General's sole discretion, concludes that such 
                        extension is necessary to ensure an adequate 
                        number of workers in that industry and that the 
                        industry is important to growth or 
                        diversification of the local economy. The 
                        decision by the Attorney General shall not be 
                        reviewable.
                            ``(iii) In making his determination for the 
                        tourism industry or for industries outside the 
                        tourism industry, the Attorney General shall 
                        take into consideration the extent to which a 
                        training and recruitment program has been 
                        implemented to hire persons authorized to work 
                        in the United States, including lawfully 
                        admissible freely associated state citizen 
                        labor to work in such industry. The 
                        determination by the Attorney General shall not 
                        be reviewable. No additional extension beyond 
                        the initial five year period may be granted for 
                        any industry outside the tourism industry or 
                        for the tourism industry beyond a second 
                        extension. If an extension is granted, the 
                        Attorney General shall submit a report to the 
                        Committee on Energy and Natural Resources of 
                        the Senate and the Committee on Resources of 
                        the House of Representatives setting forth the 
                        reasons for the extension and whether he 
                        believes authority for additional extensions 
                        should be enacted.
    ``(e) 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 before the transition program 
                effective date;
                    ``(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 transition program 
        effective date, the Attorney General and the United States 
        Secretary of State shall jointly publish regulations in the 
        Federal Register to implement this subsection.
            ``(3) The Attorney General shall treat an alien who 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.
    ``(f) Persons Lawfully Admitted Under the Commonwealth of the 
Northern Mariana Islands Immigration Law.--
            ``(1) No alien who is 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 
        transition program effective date shall be removed from the 
        United States on the ground that such alien's presence in the 
        Commonwealth of the Northern Mariana Islands is in violation of 
        subparagraph 212(a)(6)(A) of the Immigration and Nationality 
        Act, as amended, until completion of the period of the alien's 
        admission under the immigration laws of the Commonwealth of the 
        Northern Mariana Islands, or the second anniversary of the 
        transition program effective date, whichever comes first. 
        Nothing in this subsection shall be construed to prevent or 
        limit the removal under subparagraph 212(a)(6)(A) of such an 
        alien at any time, if the alien entered the Commonwealth of the 
        Northern Mariana Islands after the date of enactment of the 
        Northern Mariana Islands Covenant Implementation Act, and the 
        Attorney General has determined that the Government of the 
        Commonwealth of the Northern Mariana Islands violated 
        subsection (f) of such Act.
            ``(2) Any alien who is lawfully present and authorized to 
        be employed in the Commonwealth of the Northern Mariana Islands 
        pursuant to the immigration laws of the Commonwealth of the 
        Northern Mariana Islands on the transition program effective 
        date shall be considered authorized by the Attorney General to 
        be employed in the Commonwealth of the Northern Mariana Islands 
until the expiration of the alien's employment authorization under the 
immigration laws of the Commonwealth of the Northern Mariana Islands, 
or the second anniversary of the transition program effective date, 
whichever comes first.
    ``(g) 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 (c) or (d) of this section 
who files an application seeking asylum or withholding of removal in 
the United States shall be required 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 or withholding of removal 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, 
unless the Attorney General, in the exercise of the Attorney General's 
sole discretion determines that the unauthorized departure was for 
emergency reasons and prior authorization was not practicable.
    ``(h) 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, on the transition program 
effective date, 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.
    ``(i) Accrual of Time for Purposes of Section 212(a)(9)(B) of the 
Immigration and Nationality Act, as Amended.--No time that an alien is 
present in violation of the immigration laws of the Commonwealth of the 
Northern Mariana Islands shall by reason of such violation 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)).
    ``(j) One-Time Grandfather Provision for Certain Long-Term 
Employees.--
            ``(1) An alien may be granted an immigrant visa, or have 
        his or her status adjusted in the Commonwealth of the Northern 
        Mariana Islands to that of an alien lawfully admitted for 
        permanent residence, without regard to the numerical 
        limitations set forth in sections 202 and 203(b) of the 
        Immigration and Nationality Act, as amended (8 U.S.C. 1152, 
        1153(b)), and subject to the limiting terms and conditions of 
        an alien's permanent residence set forth in paragraphs (C) 
        through (H) of subsection (d)(2), if:
                    ``(A) the alien is employed directly by an employer 
                in a business that the Attorney General has determined 
                is legitimate;
                    ``(B) the employer has filed a petition for 
                classification of the alien as an employment-based 
                immigrant with the Attorney General pursuant to section 
                204 of the Immigration and Nationality Act, as amended, 
                not later than 180 days following the transition 
                program effective date;
                    ``(C) the alien has been lawfully present in the 
                Commonwealth of the Northern Mariana Islands and 
                authorized to be employed in the Commonwealth of the 
                Northern Mariana Islands for the five-year period 
                immediately preceding the filing of the petition;
                    ``(D) the alien has been employed continuously in 
                that business by the petitioning employer for the 5-
                year period immediately preceding the filing of the 
                petition;
                    ``(E) the alien continues to be employed in that 
                business by the petitioning employer at the time the 
                immigrant visa is granted or the alien's status is 
                adjusted to permanent resident;
                    ``(F) the petitioner's business has a reasonable 
                expectation of generating sufficient revenue to 
                continue to employ the alien in that business for the 
                succeeding five years; and
                    ``(G) the alien is otherwise eligible for admission 
                to the United States under the provisions of the 
                Immigration and Nationality Act, as amended (8 U.S.C. 
                1101, et seq.).
            ``(2) Visa numbers allocated under this subsection shall be 
        allocated first from the number of visas available under 
        paragraph 203(b)(3) of the Immigration and Nationality Act, as 
        amended (8 U.S.C. 1153(b)(3)), or, if such visa numbers are not 
        available, from the number of visas available under paragraph 
        203(b)(5) of such Act (8 U.S.C. 1153(b)(5)).
            ``(3) The labor certification requirements of section 
        212(a)(5) of the Immigration and Nationality Act, as amended (8 
        U.S.C. 1182(a)(5)) shall not apply to an alien seeking 
        immigration benefits under this subsection.
            ``(4) The fact that an alien is the beneficiary of an 
        application for a preference status that was filed with the 
        Attorney General under section 204 of the Immigration and 
        Nationality Act, as amended (8 U.S.C. 1154) for the purpose of 
        obtaining benefits under this subsection, or has otherwise 
        sought permanent residence pursuant to this subsection, shall 
        not render the alien ineligible to obtain or maintain the 
        status of a nonimmigrant under this Act or the Immigration and 
Nationality Act, as amended, if the alien is otherwise eligible for 
such nonimmigrant status.''.
    (b) Conforming Amendments.--(1) Section 101(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(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 or 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,''; and
            (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 Nationality Act made by 
this subsection shall take effect on the first day of the first full 
month commencing one year after the date of enactment of the Northern 
Mariana Islands Covenant Implementation Act.
    (c) Technical Assistance Program.--The United States Secretaries of 
Interior and Labor, in consultation with the Governor of the 
Commonwealth of the Northern Mariana Islands, shall develop a program 
of technical assistance, including recruitment and training, to aid 
employers in the Commonwealth of the Northern Mariana Islands in 
securing employees from among United States authorized labor, including 
lawfully admissible freely associated state citizen labor. In addition, 
for the first five fiscal years following the fiscal year when this 
section is enacted, $500,000 shall be made available from funds 
appropriated to the Secretary of the Interior pursuant to Public Law 
104-134 for the Federal-CNMI Immigration, Labor and Law Enforcement 
Initiative for the following activities:
            (1) $200,000 shall be available to reimburse the United 
        States Secretary of Commerce for providing additional technical 
        assistance and other support to the Commonwealth of the 
        Northern Mariana Islands to identify opportunities for and 
        encourage diversification and growth of the Commonwealth 
        economy. The United States Secretary of Commerce shall consult 
        with the Government of the Commonwealth of the Northern Mariana 
        Islands, local businesses, the United States Secretary of the 
        Interior, regional banks, and other experts in the local 
        economy and shall assist in the development and implementation 
        of a process to identify opportunities for and encourage 
        diversification and growth of the Commonwealth economy. All 
        expenditures, other than for the costs of Federal personnel, 
        shall require a non-Federal matching contribution of 50 percent 
        and the United States Secretary of Commerce shall provide a 
        report on activities to the Committee on Energy and Natural 
        Resources and the Committee on Appropriations of the Senate and 
        the Committee on Resources and the Committee on Appropriations 
        of the House of Representatives by March 1 of each year. The 
        United States Secretary of Commerce may supplement the funds 
        provided under this section with other funds and resources 
        available to him and shall undertake such other activities, 
        pursuant to existing authorities of the Department, as he 
        decides will encourage diversification and growth of the 
        Commonwealth economy. If the United States Secretary of 
        Commerce concludes that additional workers may be needed to 
        achieve diversification and growth of the Commonwealth economy, 
        the Secretary shall promptly notify the Attorney General and 
        the United States Secretary of Labor and shall also notify the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Resources of the House of Representatives of his 
        conclusion with an explanation of how many workers may be 
        needed, over what period of time such workers will be needed, 
        and what efforts are being undertaken to train and actively 
        recruit and hire persons authorized to work in the United 
        States, including lawfully admissible freely associated state 
        citizen labor to work in such businesses.
            (2) $300,000 shall be available to reimburse the United 
        States Secretary of Labor for providing additional technical 
        and other support to the Commonwealth of the Northern Mariana 
        Islands to train and actively recruit and hire persons 
        authorized to work in the United States, including lawfully 
        admissible freely associated state citizen labor, to fill 
        employment vacancies in the Commonwealth of the Northern 
        Mariana Islands. The United States Secretary of Labor shall 
        consult with the Governor of the Commonwealth of the Northern 
        Mariana Islands, local businesses, the College of the Northern 
        Marianas, the United States Secretary of the Interior and the 
        United States Secretary of Commerce and shall assist in the 
        development and implementation of such a training program. All 
        expenditures, other than for the costs of Federal personnel, 
        shall require a non-Federal matching contribution of 50 percent 
        and the United States Secretary of Labor shall provide a report 
on activities to the Committee on Energy and Natural Resources and the 
Committee on Appropriations of the Senate and the Committee on 
Resources and the Committee on Appropriations of the House of 
Representatives by March 1 of each year. The United States Secretary of 
Labor may supplement the funds provided under this section with other 
funds and resources available to him and shall undertake such other 
activities, pursuant to existing authorities of the Department, as he 
decides will assist in such a training program in the Commonwealth of 
the Northern Mariana Islands.
    (d) Department of Justice and Department of Labor Operations.--The 
Attorney General and the United States Secretary of Labor are 
authorized to establish and maintain Immigration and Naturalization 
Service, Executive Office for Immigration Review, and United States 
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 United States 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. The report shall describe what efforts 
have been undertaken to diversify and strengthen the local economy, 
including, but not limited to, efforts to promote the Commonwealth of 
the Northern Mariana Islands as a tourist destination.
    (f) Limitation on Number of Alien Workers Prior to Application of 
the Immigration and Nationality Act, as Amended, and Establishment of 
the Transition Program.--During the period between enactment of this 
Act and the effective date of the transition program established under 
section 6 of Public Law 94-241, as amended by this Act, the Government 
of the Commonwealth of the Northern Mariana Islands shall not permit an 
increase in the total number of alien workers who are present in the 
Commonwealth of the Northern Mariana Islands on the date of enactment 
of this Act.
    (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.