12 2 STA T .85 5 PUBLIC LA W 11 0– 22 9—M A Y 8 , 2008 year a ft ert h e d ate o fe n a c t m ent of the C on s o li dated N at u ral R esources A ct of 20 0 8( hereafter referred to as the ‘ transition p ro g ram effecti v e date ’), the provisions of the ‘immigration la w s’ (as defined in section 1 01(a)(1 7 ) of the I mmigration and Nation - ality Act (8 U.S .C. 1101(a)(17))) shall apply to the Common- wealth of the Northern M ariana Islands (referred to in this section as the ‘Commonwealth’), e x cept as otherwise provided in this section. ‘‘(2) TRANSIT I O N PE RIO D . — There shall b e a transition period beginning on the transition program effective date and ending on D ecember 3 1, 201 4 , except as provided in subsections (b) and (d), during which the Secretary of H omeland Security, in consultation with the Secretary of State, the Attorney G en- eral, the Secretary of L abor, and the Secretary of the Interior, shall establish, administer, and enforce a transition program to regulate immigration to the Commonwealth, as provided in this section (hereafter referred to as the ‘transition program’). ‘‘(3) DE L A Y O FC O M MENCEMENT OF TRANSITION PERIOD.— ‘‘(A) IN G ENERAL.—The Secretary of Homeland Secu- rity, in the Secretary’s sole discretion, in consultation with the Secretary of the Interior, the Secretary of Labor, the Secretary of State, the Attorney General, and the Governor of the Commonwealth, may determine that the transition program effective date be delayed for a period not to exceed more than 180 days after such date. ‘‘( B ) CONGRESSIONAL NOTIFICATION.—The Secretary of Homeland Security shall notify the Congress of a deter- mination under subparagraph (A) not later than 30 days prior to the transition program effective date. ‘‘(C) CONGRESSIONAL RE V IE W .—A delay of the transition program effective date shall not ta k e effect until 30 days after the date on which the notification under subparagraph (B) is made. ‘‘(4) RE QU IREMENT FOR REGULATIONS.—The transition pro- gram shall be implemented pursuant to regulations to be promulgated, as appropriate, by the head of each agency or department of the United States having responsibilities under the transition program. ‘‘( 5 ) INTERAGENCY AGREEMENTS.—The Secretary of Home- land Security, the Secretary of State, the Secretary of Labor, and the Secretary of the Interior shall negotiate and implement agreements among their agencies to identify and assign their respective duties so as to ensure timely and proper implementa- tion of the provisions of this section. The agreements should address, at a minimum, procedures to ensure that Common- wealth employers have access to ade q uate labor, and that tour- ists, students, retirees, and other visitors have access to the Commonwealth without unnecessary delay or impediment. The agreements may also allocate funding between the respective agencies tasked with various responsibilities under this section. ‘‘( 6 ) CERTAIN EDUCATION FUNDING.—In addition to fees charged pursuant to section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)) to recover the full costs of providing ad j udication services, the Secretary of Homeland Security shall charge an annual supplemental fee of $ 150 per nonimmigrant worker to each prospective employer who is issued a permit under subsection (d) of this section during Ef f ectiv e da te .D ead l i n e.
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