Home > 106th Congressional Bills > S. 1052 (rs) 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. [Reported in Senate] %%Filename:...S. 1052 (rs) 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. [Reported in Senate] %%Filename:...
106th CONGRESS
2d Session
S. 1052
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 15, 2000
Referred to the Committee on Resources
_______________________________________________________________________
AN ACT
To implement further the Act (Public Law 94-241) approving the Covenant
to Establish a Commonwealth of the Northern Mariana Islands in
Political Union with the United States of America, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE 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 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
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