U.S. Senate Republican Policy Committee
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No. 42 February 4, 2000
S. 1052 - Northern Mariana Islands Covenant Implementation Act

Calendar No. 360

The Committee on Energy and Natural Resources reported the bill on October 20, 1999 by a unanimous vote of a quorum present. S. Rept. 106-204.

NOTEWORTHY
BACKGROUND

In 1976, Congress approved a Covenant to Establish A Commonwealth of the Northern Mariana Islands in Political Union with the United States (P.L. 94-241). Among the local authorities granted by the Covenant were control over immigration and the minimum wage. These authorities were negotiated between U.S. and CNMI representatives as a means of ensuring indigenous control of the islands' population and of allowing economic growth despite a small workforce. The Administration recommends extension of Federal law to immigration and wage levels, citing reports of abuse in CNMI garment factories. S. 1052 is introduced as the proposal of the Chairman of the Senate Committee on Energy and Natural Resources and deals solely with immigration. The bill follows a simple approach which applies the Immigration and Nationality Act to the CNMI.

BILL PROVISIONS

The following are summaries of major operative bill provisions.

Section 1. Short Title and Purpose.

The Short Title is the "Northern Mariana Islands Covenant Implementation Act."

The Statement of Purpose is not referenced directly in the amendments to the Covenant (P.L. 94-241) but is intended to guide and direct Federal agencies in the implementation of the provisions of S. 1052.

Section 2. Immigration Reform for the Commonwealth of the Northern Mariana Islands.

The bill amends the legislation that approved the Covenant to establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (the Covenant Act, P.L. 94-241) to extend U.S. Immigration and Nationality Act (INA) laws to the CNMI by adding in a new "Section 6. Immigration and Transition."

The overall purpose is to ensure uniform adherence to long-standing fundamental immigration policies of the United States. The bill phases out the nonresident contract worker program of the CNMI and provides for the orderly phasing-in of Federal responsibilities over immigration in the CNMI. The bill also minimizes, to the greatest extent possible, potential adverse economic and other effects that implementation might have on the CNMI.

The bill applies the INA to the CNMI one year after enactment with a transition period ending December 31, 2009, during which the Attorney General implements an immigration transition program. That transition program must provide for the issuance of non-immigrant temporary alien worker visas, as well as family-sponsored and employer-sponsored immigrant visas.

The bill also establishes a statutory process to deal with: 1) temporary alien workers; 2) immigrants; 3) adequate employment in the CNMI's hotel industry following the transition; 4) non-immigrant investor visas; 5) lawful entry under CNMI immigration laws; and 6) travel restrictions for certain asylum applicants.

S. 1052 also directs the Secretaries of Commerce, Labor, and the Interior to develop a technical assistance program to aid employers in securing employees from among U.S. labor or lawfully admissible freely associated state citizen labor.

The bill directs the President to report to the Senate Committee on Energy and Natural Resources and to the House Committee on Resources on the overall effect of the transition program and the INA on the CNMI within six months of the fifth year after enactment.

S. 1052 prohibits the CNMI from permitting an increase in the total number of temporary alien workers present in the islands during the period between enactment and the effective date of the transition program. (For a more detailed summary of the legislative provisions see Senate Rept. 106-204, pp. 23-27. For legislative language see Senate Rept. 106-204, pp.43-52.)

ADMINISTRATION POSITION

At press time no formal statement of administration position was available. However, in testimony before the Committee, the U.S. Immigration and Naturalization Service offered qualified support for S. 1052 provided that certain amendments are made to the preliminary requirements of standards, findings, and provision for judicial review. Those amendments were made by the Committee and the Administration is expected to support the bill. (A detailed description of the Administration's views on immigration in the Commonwealth can be found in Senate Rept. 106-204, pp. 28-43.)

COST
The Congressional Budget Office has not finished a report on costs but estimates provided for earlier legislation (S. 1275 in the 105th Congress) placed implementation costs at $500,000 in the first year, and up to $8 million over the five-year implementation period. Also, the Committee expects the regulatory impact of S. 1052 to be minimal.

POSSIBLE AMENDMENTS

No amendments are known at press time.

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