[Congressional Record (Bound Edition), Volume 146 (2000), Part 1]
[Senate]
[Pages 673-677]
[From the U.S. Government Publishing Office, www.gpo.gov]



    NORTHERN MARIANA ISLANDS COVENANT IMPLEMENTATION ACT--Continued

  Mr. MURKOWSKI. Madam President, I ask unanimous consent that there be 
1 hour for debate, equally divided, with respect to S. 1052; and, 
further, no amendments or motions be in order other than the committee 
substitute and one technical amendment offered by the chairman. I 
finally ask consent that following the debate time, the bill be read 
for a third time and passed, and the motion to reconsider be laid upon 
the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           amendment no. 2807

 (Purpose: To clarify that visas and admissions under the legislation 
are not to be counted against numerical limitations in the Immigration 
              and Nationality Act, and for other purposes)

  Mr. MURKOWSKI. Madam President, on behalf of Senator Akaka and 
myself, I send a series of amendments to the committee substitute to 
the desk and ask that they be considered.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Alaska [Mr. Murkowski] for himself and Mr. 
     Akaka, proposes an amendment numbered 2807.

  Mr. MURKOWSKI. Madam President, I ask unanimous consent that reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 29, line 20-21, strike ``regard to'' and insert 
     ``counting against''.
       On page 34, lines 7-8, strike ``to be made available during 
     the following fiscal year'' and insert ``that will not count 
     against the numerical limitations''.
       On page 34, strike line 15 and all that follows through 
     page 35, line 4.
       On page 34, strike ``(C)'' and insert ``(B)''.
       On page 35, strike line 20 and all that follows through 
     page 36, line 18.
       On page 36, strike ``(E)'' and insert ``(C)''.
       On page 37, strike line 3 and all that follows through page 
     38, line 9.
       On page 38, strike line 10 and all that follows through 
     line 24.
       On page 39, line 1, strike ``(I)'' and insert ``(D)''.
       On page 40, line 6, strike ``and reviewable''.
       On page 41, lines 3-6, strike ``The determination as to 
     whether a further extension is required shall not be 
     reviewable.''.
       On page 41, lines 20-21, strike ``The decision by the 
     Attorney General shall not be reviewable.''.
       On page 42, lines 6-7, strike ``The determination by the 
     Attorney General shall not be reviewable.''.
       On page 45, line 16, strike line 16 and all that follows 
     through page 46, line 10.
       On page 46, line 11, strike ``(h)'' and insert (g)''.
       On page 46, line 20, strike ``(i)'' and insert ``(h)''.
       On page 47, line 3, strike ``(j)'' and insert ``(i)''.
       On page 47, line 9, strike ``regard to'' and insert 
     ``counting against''.
       On page 47, line 14, strike ``(C) through (H)'' and insert 
     ``(B) and (C)''.
       On page 48, line 5, strike ``five-year'' and insert ``five-
     year'' and insert ``four-year''.
       On page 48, line 9, strike ``5-year'' and insert ``four-
     year''.
       On page 48, line 18, strike ``five years'' and insert 
     ``four years''.
       On page 48, strike line 23 and all that follows through 
     page 49, line 4.
       On page 49, line 5, strike ``(3)'' and insert ``(2)''.
       On page 49, line 10, strike ``(4)'' and insert ``(3)''.
       On page 49, between lines 21 and 22, insert the following 
     new subsection:
       ``(K) Statutory Construction.--Nothing in this section may 
     be construed to count the issuance of any visa to an alien, 
     or the grant of any admission of an alien, under this section 
     toward any numerical limitation contained in the Immigration 
     and Nationality Act.''.

  Mr. MURKOWSKI. I ask unanimous consent the amendment be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
amendment is agreed to.
  The amendment (No. 2807) was agreed to.
  Mr. MURKOWSKI. I yield back any time to my good friend, Senator 
Akaka.
  Mr. AKAKA. Madam President, I rise to add a bit to my statement. In 
my statement, I mentioned that Senator Murkowski was the only Senator 
who went to CNMI. But Senator Harkin also went to CNMI in August.
  The PRESIDING OFFICER. Is all time yielded back?
  Mr. AKAKA. I yield back my time.
  Mr. MURKOWSKI. Madam President, how much time is remaining?
  The PRESIDING OFFICER. Fifty-nine minutes is remaining.
  Mr. MURKOWSKI. Madam President, we yield back all time.
  I thank Senator Bingaman and his staff, minority staff of the Energy 
and Natural Resources Committee, for their work in this regard and, of 
course, my good friend, Senator Akaka, and his staff.
  I thank specifically David Garman, my legislative director; Kira 
Finkler, who has been working with the minority on this; Chuck 
Kleeschulte, David Dye, Sam Fowler, and Andrew Lundquist; a former 
staffer of mine, Deanna Okun, who has taken a position with the Federal 
International Trade Commission. There are others who have worked long 
and hard to bring about this much-needed change with regard to 
immigration in the Marianas, but particularly Senator Akaka's efforts 
over an extended period of time to clearly right a wrong. I think this 
legislation has achieved that today. I commend my good friend.
  The PRESIDING OFFICER. The Senator from Hawaii.
  Mr. AKAKA. Madam President, I thank Chairman Murkowski, who has done 
a great job in shepherding and crafting this bill and bringing it to 
the floor of the Senate. This has been a tough few years because there 
have

[[Page 674]]

been some objections along the way. I think we are doing it correctly. 
We are taking care of the concern of embarrassment for the United 
States that would be faced when we pass this bill. This is a bipartisan 
bill. The chairman has diligently worked, as have staff on both sides 
of the aisle, well to bring us to this point. I am glad I had a chance 
to be a part of it and know this is the right thing for our country; 
that is, for us to pass S. 1052 with its amendments.
  I thank the Chair and yield back the remainder of my time.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. MURKOWSKI. Madam President, before we go into morning business, I 
alert my colleagues that tomorrow, at approximately 11 o'clock, we will 
be taking up the nuclear waste bill. Senator Bingaman and I have worked 
hard, as well as our staffs, to try to bring this to some conclusion. I 
put all of my colleagues on notice that, unfortunately, tomorrow's 
debate will not be as expeditious as the debate today. Hopefully, we 
will have resolve that.
  The PRESIDING OFFICER. If the Senator will withhold, the committee 
amendment, as amended, is agreed to.
  The bill (S. 1052) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 1052

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

     SECTION 1. SHORT TITLE AND PURPOSE.

       (a) Short Title.--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)(D)), 
     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), and 
     (i) 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 counting against 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 
     (i). 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

[[Page 675]]

     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 that will not count against the numerical 
     limitations 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) 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.
       ``(C) 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.
       ``(D) 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 
     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.
       ``(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.
       ``(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. 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) 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.
       ``(h) Accrual of Time for Purposes of Section 212(a)(9)(B) 
     of the Immigration and

[[Page 676]]

     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)).
       ``(i) 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 counting against 
     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 (B) and (C) 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 four-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 four-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 four 
     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) 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.
       ``(3) 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.''.
       ``(j) Statutory Construction.--Nothing in this section may 
     be construed to count the issuance of any visa to an alien, 
     or the grant of any admission of an alien, under this section 
     toward any numerical limitation contained in the Immigration 
     and Nationality Act.''.
       (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

[[Page 677]]

     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.

  Mr. MURKOWSKI. I thank the Chair. I compliment the Chair for her 
diligence and expedience in resolving this CNMI effort that has 
languished so long in this body. It is nice to see something concluded.

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