[Congressional Record Volume 146, Number 9 (Monday, February 7, 2000)]
[Senate]
[Pages S355-S367]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NORTHERN MARIANA ISLANDS COVENANT IMPLEMENTATION ACT
The PRESIDING OFFICER. Under the previous order, the Senate will now
proceed to the consideration of S. 1052, which the clerk will report.
The assistant legislative clerk read as follows:
A bill (S. 1052) 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.
The Senate proceeded to consider the bill, which had been reported
from the Committee on Energy and Natural Resources, with an amendment
to strike all after the enacting clause and inserting in lieu thereof
the following:
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
[[Page S356]]
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.
[[Page S357]]
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
[[Page S358]]
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.
Mr. MURKOWSKI. Mr. President, I ask unanimous consent the Senate
proceed to S. 1052 for opening statements only.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. MURKOWSKI. Mr. President, the legislation before the Senate will
extend the provisions of the Immigration and Nationality Act to the
Commonwealth of the Northern Mariana Islands for 1 year after the date
of enactment of the legislation.
To minimize adverse effects on the local economy, a number of
transition provisions have been incorporated in the legislation,
including funding for technical assistance to diversify and strengthen
the local economy of those islands. The transition period will end
December 31, 2009, but the special provisions for employment--
employment-based visas--may be extended for legitimate businesses in
the tourism industry for not to exceed two 5-year periods and for a
single 5-year period for other legitimate business.
I think it is reasonable to question how this situation arose. The
Marianas was one district of the old United States Nation's Trust
Territory of the Pacific islands, and the United States was the
administrating authority. The residents of the Marianas wanted them to
become a U.S. territory and obtain local government and U.S.
citizenship similar to the neighboring island of Guam. Guam is the
southern most of the Mariana Islands and was acquired from Spain back
in 1898. The United States and local officials in the Marianas
negotiated a covenant to establish a Commonwealth of the Northern
Mariana Islands in political union with the United States. That
included all the islands, with the exception of Guam; specifically,
Saipan, Tinian, and Rota.
That covenant was approved overwhelmingly in a local United Nations-
observed plebiscite and then by this Congress in 1976. The early
negotiations assumed the trusteeship would terminate for the Marianas.
The agreement was approved and assumed the full extension of Federal
immigration laws at the same time the United States sovereignty was
extended to the area. When negotiations on other portions of the trust
territory stalled and the United States decided not to seek piecemeal
termination of the trusteeship, the Marianas justifiably wanted as much
of the covenant implemented under the trusteeship as possible. The
agreement was to implement these provisions of the covenant that were
consistent with the continued status of the area under the trusteeship
and defer those provisions that were tied to U.S. sovereignty. One of
these provisions was Federal immigration law. That is what we are
dealing with today.
It was abundantly clear the United States could extend those laws as
soon as the trusteeship was terminated. The report accompanying the
joint resolution of approval noted only that we hoped we could include
an ``adequate protective provision'' to deal with the concern in the
Marianas that their islands could be overrun with immigration.
Had we acted in 1986 to extend Federal immigration laws, we wouldn't
be here today. The Marianas economy would not be so captive to the use
of temporary contract workers and many of the abuses of workers would
not have occurred. On the other hand, the level of prosperity on the
islands might not be the same.
What has happened in the Marianas? When the covenant was negotiated,
all parties assumed economic development would occur around tourism and
anticipated Department of Defense basing in Tinian and Saipan. That
followed the pattern in Guam. Tourism did develop; the military
activities did not.
Others, however, noticed the unique combination of authorities and
moved in to try and take advantage. Because the Marianas had control of
immigration, it could set its own minimum
[[Page S359]]
wage and had the ability to import goods into the U.S. Customs
territory without duty and labeled that it had been made in the United
States, foreign garment operations--especially those from China--sought
to locate in the Marianas.
The difficulty of a small island population trying to effectively
administer a comprehensive immigration system also led to other abuses
in those taking advantage of the situation. Exploiters induced people
in Bangladesh to pay enormous amounts of money to go to the Marianas
where there were jobs. Other aliens arrived; some of them were not
paid. Many alien workers were abused. The Committee on Energy and
Natural Resources heard testimony from a young lady who had been
brought to Saipan as a minor, forced to perform in a club, and was used
for prostitution. The Federal Government has brought a prosecution in
that instance on several counts, including trafficking in human beings.
This was occurring under the U.S. flag, and supposedly with the
protections all U.S. citizens enjoy under our Constitution.
I have a series of charts I will discuss in detail but in deference
to my good friend, Senator Bingaman from New Mexico, the ranking member
of the committee, I defer to him, and then perhaps he can defer back to
me. I yield to my good friend and ranking member from New Mexico,
Senator Bingaman.
Mr. BINGAMAN. Mr. President, I appreciate the chairman, Senator
Murkowski, yielding.
First, I compliment him and, of course, Senator Akaka, who is the
moving force behind this legislation on the Democratic side. I think
this legislation, S. 1052, is a very important and overdue piece of
legislation.
I know both Senator Akaka and Senator Murkowski have worked
tirelessly and persistently to bring these issues to our attention. I
compliment them on that. I will give a short statement, and then
Senator Akaka will be managing the bill on the Democratic side. I am
sure he has much more information to provide on the legislation.
Both Senator Murkowski and Senator Akaka traveled to the Commonwealth
of the Northern Mariana Islands and witnessed the problems there
firsthand. I am very glad to join them as a cosponsor on this important
piece of legislation. Our committee held several hearings over the
years and established a record concerning the very serious problems
that exist in the CNMI. Moreover, three successive administrations from
both parties, beginning with the Reagan administration, have expressed
concerns about the situation in the CNMI. Many problems have been
identified, and they have been discussed over many years.
However, clearly the central problem relates to this immigration
issue. S. 1052 only addresses immigration. This bill represents a
modest step toward implementing the reforms that are long overdue. The
current immigration system, administered by the local government, is
inconsistent with longstanding U.S. immigration policy in several
respects. Let me just detail some of that.
U.S. policy, first of all, does not allow the importation of
temporary workers for permanent jobs. Second, it allows people coming
into the United States for permanent jobs to have the opportunity to
become participating members of society, including the right to vote
and to be eligible for citizenship. Local CNMI immigration law not only
allows large-scale use of temporary alien workers for permanent jobs,
it also prohibits temporary alien workers from settling permanently in
the CNMI and becoming U.S. citizens.
The most disturbing result of the CNMI's current immigration system
is the documented, consistent and even increasing human rights abuses
which these alien workers suffer. Moreover, despite promises of the
American dream, alien laborers coming to CNMI often sign contracts
waiving rights and freedoms guaranteed to U.S. workers. These include
the right to change employers, the right to participate in religious
and political activities, and in some cases even the right to marriage.
This bill before us is not a controversial bill. It should not be a
controversial bill. It was reported from the Energy and Natural
Resources Committee by a voice vote with no dissenting opinions
expressed. Last Congress, the committee reported a similar bill. In
order to address concerns by the local CNMI government that the bill
will adversely affect their economy, the bill also contains many
special provisions. Among these special provisions is one that requires
the Secretary of Commerce and the Secretary of Labor to provide
financial and technical assistance to help them diversify their economy
and train local workers.
I hope the Senate will act quickly and pass this bill. I again
compliment Senator Akaka and Senator Murkowski for their leadership on
this important matter.
I yield the floor. I know at some point Senator Akaka wishes to speak
to the matter as well.
The PRESIDING OFFICER. The Senator from Alaska.
Mr. MURKOWSKI. Mr. President, I thank my good friend and colleague,
the ranking member of the Senate Energy and Natural Resources
Committee, the Senator from New Mexico, for his comments and for his
support.
This legislation was reported unanimously by the Committee on Energy
and Natural Resources. S. 1052, as reported by the Committee on Energy
and Natural Resources, will extend the provisions of the Immigration
and Nationality Act to the Commonwealth of the Northern Mariana Islands
one year after the date of enactment of the legislation. To minimize
adverse effects on the local economy, a number of transition provisions
have been incorporated in the legislation. The transition period will
end on December 31, 2009, but the special provisions for employment
based visas may be extended for legitimate businesses in the tourism
industry for not to exceed two five-year periods and for a single five-
year period for other legitimate businesses.
This legislation is the result of several years work by the
Committee, including a visit that I made to the Northern Marianas in
February 1996. I was accompanied by Senator Akaka, who has cosponsored
this legislation and was also a cosponsor of legislation that I
introduced in the last Congress. This is bipartisan legislation that is
long overdue. The administration would prefer a far more draconian
approach with a minimum of transition and little economic or training
assistance to the Northern Marianas. The Marianas, on the other hand,
would prefer that we did nothing. I don't think that either approach is
responsible.
There are legitimate concerns by some in the Northern Marianas over
what the effect of this legislation may be. We have tried to address
those concerns, as I will describe later. For example, one of the ways
that the Northern Marianas has tried to deal with the concern over
alien workers remaining for indefinite periods without any political
rights is to limit the time that any worker can remain in the Marianas.
One effect of that approach, however, is to frustrate the ability of
employers to recruit, train, and hire personnel. From experience, I can
testify that the last thing any employer wants to do is commit
resources to training individuals only to have them leave for other
employment. It is far worse when the government says that your most
valuable employees must not only leave your employ, but must also leave
the country. Lynn Knight, the new president of the Saipan Chamber of
Commerce, noted that she had one employee who had been with her firm
for several years and would have to leave. Another skilled professional
could remain since he was a U.S. citizen. Similar situations are likely
in other businesses, and I would expect especially in the tourism
industry. To deal with that problem, the committee has included a
special provision (the new section 6(j) to the Covenant Act) that
provides a one-time grandfather provision for long-term employees in
legitimate businesses. The provision would allow employers to sponsor
current employees who had been employed for five years. If the alien is
otherwise eligible for admission to the United States, that employee
may be granted an immigrant visa or have his status adjusted to a
person lawfully admitted for permanent residence without regard to any
numerical limitations in the Immigration Act.
I mention this one provision to illustrate that the committee has
tried its best to deal with any legitimate concerns with the
legislation and, as in
[[Page S360]]
the case of Ms. Knight, problems with the current local laws.
Unfortunately, obtaining specific comments and recommendations has not
been the easiest task before the committee. While the Governor has been
forthright, the tactics taken by others has been more to obstruct the
legislation than to provide useful comments and suggestions. The
Governor has lowered the tone of the debate on this issue, although his
example has not been followed by others.
I would refer my colleagues to the report of the committee on this
legislation for a detailed history on how we arrived at this situation
where the United States does not control the terms of entry to its
shores, what that exemption turned into, and how we have dealt with
legitimate concerns about the long overdue extension of federal
legislation.
In brief, however, in 1976, Congress approved a Covenant to Establish
a Commonwealth of the Northern Mariana Islands in Political Union with
the United States (PL 94-241). The Covenant formed the basis for the
termination of the United Nations Trusteeship with respect to the
Northern Mariana Islands. Termination occurred in 1986 for the
Commonwealth of the Northern Mariana Islands and for the Republic of
the Marshall Islands and the Federated States of Micronesia. Prior to
termination, those provisions of the Covenant that were consistent with
continued status of the area as part of the Trust Territory were made
applicable by the U.S. as Administering Authority. Other provisions
(such as the extension of U.S. sovereignty) were not made applicable.
Among those laws was the Immigration Act. Had the United States
sought piece-meal termination of the trusteeship, as some advocated at
the time, or if agreement with the other districts had not proved so
elusive, the immigration laws of the United States would have been
extended to the Northern Marianas as they applied to Guam. We would not
be here today.
The Covenant permitted a unique system in the Commonwealth of the
Northern Mariana Islands under which the local government controlled
immigration and minimum wage levels and also had the benefit of duty
and quota free entry of manufactured goods under the provisions of
General Note 3(a) of the Harmonized Tariff Schedules. My colleagues
should be aware that these provisions are not subject to mutual consent
and can be modified or repealed by the Congress. The section-by-section
analysis of the committee report on the Covenant provides in part:
Section 503.--This section deals with certain laws of the
United States which are not now applicable to the Northern
Mariana Islands and provides that they will remain
inapplicable except in the manner and to the extent that they
are made applicable by specific legislation enacted after the
termination of the Trusteeship. These laws are:
The Immigration and Naturalization Laws (subsection (a)).
The reason this provision is included is to cope with the
problems which unrestricted immigration may impose upon small
island communities. Congress is aware of those problems. . .
. It may well be that these problems will have been solved by
the time of the termination of the Trusteeship Agreement and
that the Immigration and Nationality Act containing adequate
protective provisions can then be introduced to the Northern
Mariana Islands. . . .
Until termination of the trusteeship, the United States possessed and
exercised plenary power, including control over entry into the area.
The committee anticipated that by the termination of the Trusteeship,
the federal government would have found some way of preventing a large
influx of persons into the Marianas, recognizing the constitutional
limitations on restrictions on travel, and that we would extend federal
immigration laws when we extended United States sovereignty over the
area. We neglected to do so.
Upon termination of the trusteeship, the Commonwealth of the Northern
Mariana Islands became a territory of the United States and its
residents became United States citizens. What transpired thereafter,
however, was precisely what we sought to prevent. Because we had not
enacted legislation extending federal immigration laws, however,
persons were free to enter the Northern Marianas under local law.
Although the population of the Commonwealth of the Northern Mariana
Islands was only 15,000 people in 1976 when the Covenant was approved,
the population (July, 1999) is now estimated at 79,429. The rapid
increase in population coincides with the assumption of immigration
control by the Commonwealth of the Northern Mariana Islands. According
to the most recent statistical survey by the Commonwealth of the
Northern Mariana Islands, in 1980, 78 percent of the Commonwealth of
the Northern Mariana Islands population were U.S. citizens. That figure
had declined to less than 47 percent by 1990 and by 1991, the
percentage on Saipan, where most of the population resides, the figure
was 42 percent.
The majority of the population resides on Saipan, which is the
economic and government center of the Commonwealth of the Northern
Mariana Islands. The most recent statistics (March 1999) from the
Commonwealth of the Northern Mariana Islands estimate the population of
Saipan at 71,790. U.S. citizens are estimated at 30,154 of whom 24,710
are Commonwealth of the Northern Mariana Islands born. There are 41,636
aliens of whom about 4,000 are from the freely associated states. By
contrast, in 1980, non-U.S. citizen residents for the entire Northern
Marianas totaled only 3,753 of whom 1,593 were citizens of the freely
associated states and only 2,160 came from outside Micronesia. There is
also a significant population of illegal aliens with estimates ranging
from 3,000 to as high as 7,000 illegal aliens.
Whatever the number, with the exception of those from Micronesia,
none of these almost 40,000 persons entered under United States law and
none has any of the rights of persons who legally enter the
United States to work or reside.
Repeated allegations of violations of applicable federal laws
relating to worker health and safety, concerns with respect to
immigration problems, including the admission of undesirable aliens,
and reports of worker abuse, especially in the domestic and garment
worker sectors, led to the inclusion of a $7 million set aside in
appropriations in 1994 to support federal agency presence in the
Commonwealth of the Northern Mariana Islands and increased enforcement
of federal laws.
During the 104th Congress, the Senate passed S. 638, legislation
reported by the Committee on Energy and Natural Resources and supported
by the administration. Concern over the effectiveness of the
Commonwealth of the Northern Mariana Islands immigration laws and
reports of the entry of organized criminal elements from Japan and
China led the committee to include a provision to require the
Commonwealth ``to cooperate in the identification and, if necessary,
exclusion or deportation from the Commonwealth of the Northern Mariana
Islands of persons who represent security or law enforcement risks to
the Commonwealth of the Northern Mariana Islands or the United
States.'' (Sec. 4 of S. 638) No action was taken by the House.
In February, 1996, I visited the Commonwealth of the Northern Mariana
Islands with Senator Akaka and met with local and federal officials. In
addition, we inspected a garment factory and met with Bangladeshi
security guards who had not been paid and who were living in
substandard conditions. As a result of the meetings and continued
expressions of concern over conditions, the committee held an oversight
hearing on June 26, 1996. We were assured that conditions would
improve.
The U.S. Commission on Immigration Reform conducted a site visit to
the Northern Marianas in July 1997 and issued a report which in general
supported extension of immigration laws. The report found problems in
the Commonwealth of the Northern Mariana Islands ``ranging from
bureaucratic inefficiencies to labor abuses to an unsustainable
economic, social and political system that is antithetical to most
American values'' but ``a willingness on the part of some Commonwealth
of the Northern Mariana Islands officials and business leaders to
address the various problems''.
The report found that:
The Department of Labor and Immigration ``does not have the capacity,
nor is it likely to develop one, to prescreen applicants for entry
prior to their arrival on Commonwealth of the Northern Mariana Islands
territory.'' This leads to the situation of the Bangladeshi workers who
arrive and find there is no work as well as to the entry of those with
criminal or other disqualifying records. Federal law enforcement
officials are mentioned as
[[Page S361]]
not providing information to the Commonwealth of the Northern Mariana
Islands due to concerns over security and corruption.
The levels of immigration led to dependence on government employment
or benefits for U.S. residents (since cheap foreign labor was available
even for specialized trades such as accountants, doctors, and managers)
and younger residents having to leave to find work. The report also
noted that those on welfare could still hire domestics.
The economy is unsustainable because there will be no advantage for
the garment industry when the multi-fibre agreement comes into force in
2005. My colleagues should note that the perception that the garment
industry presence in the Commonwealth of the Northern Mariana Islands
is temporary is also shared by others. In September 1997, the Bank of
Hawaii concluded that the presence of the garment industry was a result
of ``a unique and temporary comparative economic advantage'' and that
the Commonwealth of the Northern Mariana Islands should begin to plan
for a ``transition to an exclusively tourism-driven economy''. The Bank
of Hawaii repeated that conclusion in its October, 1999 report.
Foreign workers are exploited with retaliation against protestors,
failure of the Commonwealth of the Northern Mariana Islands government
to prosecute, unreliable bonding companies, exorbitant recruitment
fees, suppression of basic freedoms, and flagrant abuses of household
workers, agricultural workers, and bar girls.
The Commonwealth of the Northern Mariana Islands has entered into
agreements with the Philippines and China over State objections dealing
with trade and immigration.
The Commonwealth of the Northern Mariana Islands has no asylum policy
or procedure placing the U.S. in violation of international
obligations.
The temporary guest worker for permanent jobs creates major policy
problems as well as creating a two class system where the majority of
workers are denied political and social rights. In the U.S. proper,
such workers would be admitted for residence and could become citizens.
Worse, the children of these workers are U.S. citizens. The children of
foreign mothers now account for 16 percent of U.S. citizens.
The presence of a large alien population in the Commonwealth of the
Northern Mariana Islands is not simply a matter of local concern.
Although temporary workers admitted into the Commonwealth of the
Northern Mariana Islands may not enter the United States and their
presence in the Commonwealth of the Northern Mariana Islands does not
constitute residence for the purpose of obtaining U.S. citizenship,
that is not true for their children. Persons born in the Commonwealth
of the Northern Mariana Islands obtain U.S. citizenship by birth and
eventually will be able to bring their immediate families into the
United States. There is an increasing number of births to non-citizen
mothers. In 1985, of 675 births, 260 were to non-citizen mothers. While
the number of U.S. citizen mothers remained relatively constant, the
number of non-citizen mothers increased to 581 by 1990, 701 in 1991,
859 in 1992, and continued around 900-1000 with the exception of 1,409
in 1996. For that year, total births were 1,890 with the percentage of
U.S. citizen mothers at 25 percent. While some of the presumed non-
citizen mothers are likely to be married to Commonwealth of the
Northern Mariana Islands residents, others are not, and all entered
outside of federal immigration laws. The result is that there is an
increasing number of persons obtaining U.S. citizenship outside the
boundaries of U.S. immigration and naturalization laws. There are also
incidental effects on various federal programs, such as education, that
the children and their immediate relatives will be eligible for.
To the extent that the current Commonwealth of the Northern Mariana
Islands immigration system results in structural unemployment among
resident U.S. citizens, there are also effects on federal programs
providing assistance to the poor. In addition, in recent years, the
Commonwealth of the Northern Mariana Islands has doubled its public
sector employment to absorb local workers. Public sector wages now
represent the largest component of the local budget. Unless the
Commonwealth of the Northern Mariana Islands takes action to develop or
open private sector employment for U.S. residents, it will have a
difficult time reducing its workforce. The recent downturn in the Asian
economy has hit the Commonwealth of the Northern Mariana Islands hard
and the Commonwealth of the Northern Mariana Islands is facing a
significant deficit without the ability to trim its workforce. If
layoffs are inevitable, it is likely that local and federal assistance
costs will escalate.
Concerns have also arisen over the use of the Northern Marianas for
importation and transhipment of drugs. The June 17 Marianas Variety
reported the Finance Department's Division of Customs to have
confiscated over $2.5 million of crystal methamphetamine in 1998 with
an increasing number of drug arrests. A related concern raised by the
administration has been the ability of the Commonwealth of the Northern
Mariana Islands to exclude individuals, especially members of organized
crime from Japan and China. The Commonwealth of the Northern Mariana
Islands does not have a data base to screen immigrants, and
accomplishes most of its screening on arrival. The federal government,
however, for those countries that require visas, does its screening in
the foreign country. Federal law enforcement agencies have cited
security concerns as a major impediment to sharing information with the
Commonwealth of the Northern Mariana Islands government.
Mr. President, this is a situation that should never have been
allowed to occur. This is not a matter of local self-government. The
control of borders and the conditions for entry, work, residence, and
citizenship in the United States are federal matters. No one should
ever have expected the Northern Marianas to replicate the resources and
capability of the federal government, and in fact we did not. As our
committee noted in its report on the Covenant, by the time the
Trusteeship ended, we anticipated that federal immigration laws would
be extended. We didn't do that and permitted this situation to occur.
With the exception of American Samoa, the federal government conducts
those activities throughout the United States. We have allowed the
creation of a country within a country where the majority of the
workforce are denied political and civil rights.
Neither do I accept the argument that economic development is
inconsistent with the application of federal immigration laws. With the
exception of American Samoa, all other areas of the United States are
under federal immigration law. I can assure my colleagues that the
constraints on economic development in Alaska are not found in federal
immigration law. Neither has federal immigration law been an impediment
to the development of economies in the Virgin Islands, Puerto Rico, or
Guam. If those areas are not fully to the levels of Stateside
economies, they are nonetheless all self-supporting without the need
for annual appropriations for government support. The Northern Marianas
has a tourism industry and the opportunity for it to expand. There are
other opportunities that should be explored, and this legislation
contains provisions to assist the Commonwealth government in exploring
those options.
Comments have been made that this legislation will destroy the
garment industry. That is simply not true unless the industry is
adverse to having workers who either are or could become United States
citizens. In addition, even the Governor in his testimony said that the
garment industry in Saipan was temporary and that they needed to begin
to transit to a new economy. The Bank of Hawaii has twice cautioned
that the peculiar circumstances that provide an economic advantage in
the Marianas will disappear shortly. As the Governor stated, we need to
begin the transition now. This legislation will have only a minor
effect on the garment industry. The legislation does not go into effect
for a year. All contract workers on island can remain for two years or
the length of their contract, whichever is less. There is a program to
provide permits for temporary alien workers that will gradually be
reduced and eliminated by December 31, 2009. All of this extends
[[Page S362]]
well past the time that every legitimate analysis of the Marianas
economy indicates that the garment industry will have relocated or
severely contracted.
Mr. President, I will list some of the changes that we made in this
legislation to address concerns over the effect of the imposition of
federal immigration laws. I have already mentioned the special
grandfather provision included as a result of Lynn Knight's concern
over the status of current employees. These concerns were raised by the
Chamber of Commerce or the representatives of the Commonwealth
government--the Governor, the President of the Senate, the Speaker of
the House, and the Resident Representative.
The legislation limited post-transition relief to only the hotel
industry. That has been expanded to include not only legitimate
businesses throughout the tourism industry, but all other legitimate
businesses in the Commonwealth;
A new statement of policy to guide implementation has been inserted
that makes clear that the transition from a non-resident contract
worker program is to be orderly and that potential adverse effects are
to be minimized;
An explicit recognition of local self-government has been added
together with more detailed requirements for consultation with local
officials and consideration of their views as well as a straightforward
statement that fundamental policy decisions regarding the direction and
pace of economic development and growth will be made by local officials
and not dictated by the federal government;
Although the legislation limits the ability of the Attorney General
to provide additional extension of the temporary worker program to two
five-year periods for legitimate businesses in the tourism industry and
for a single five-year period for other legitimate businesses, it also
requires the Attorney General to notify the Congress of the reasons for
the extension and whether we should consider providing additional
authority for further extensions;
A detailed technical assistance program is included to assist in the
transition and to broaden and strengthen the local economy. In addition
to existing authorities and programs, the Secretary of Commerce is
provided $200,000 in matching grants to assist in the development and
implementation of a process to diversify and strengthen the local
economy. The Secretary is to consult not only with local officials, but
also with local businesses and regional banks and other experts. The
Secretary of Labor is provided an additional $300,000 in matching
grants to provide technical and other support for the training,
recruitment, and hiring of persons authorized to work in the United
States to fill jobs in the Commonwealth. In addition to local officials
and businesses, the Secretary is to work with the College of the
Northern Marianas and the Secretary of Commerce.
A specific requirement has been included for the federal government
to promote the Northern Marianas as a tourist destination.
Numerous technical and other changes have been made in response to
the comments that we received, mainly to ensure full and complete
consultation with local officials as this legislation is implemented.
I want the record to reflect that I believe that this Governor has
attempted to deal with the allegations of worker abuse that have
occurred in the Northern Marianas. I think the garment industry has
also acted to improve conditions and practices, at least to minimum
federal requirement. After all, that is an industry that shipped over
$1 billion worth of garments into the United States customs territory
last year. By virtue of the exemption from tariffs, they avoided over
$200 million in tariffs. Cleaning up conditions is a minor price to pay
for that subsidy. Not all problems, however, are capable of resolution.
The system where workers are on temporary contract and subject to
deportation creates a climate where abuse can occur. Since the workers
have no right to remain in the Marianas, their ability to complain is
limited. If they have significant recruitment or other fees to repay,
they are effectively indentured.
The ability of the Northern Marianas government to respond is also
limited. In response to the exploitation of workers from Bangladesh who
paid large recruitment fees for non-existent jobs, the Marianas could
only ban the importation of workers from that area for those jobs. The
exploiters simply moved to Nepal. When the Governor tried to limit
workers from China to deal with repatriation problems, however, those
industries relying on easy access to those workers quickly brought
enough pressure to reverse the decision. Efforts to limit the number of
alien workers become more and more difficult as the Marianas government
becomes increasingly dependent on those businesses importing those
workers for the revenues to provide jobs in the public sector.
Asking the Northern Marianas government to assume and adequately
implement and enforce an immigration program within the framework of
federal policy is simply setting them up. A central element of federal
policy is that permanent jobs are to be filled by permanent workers--
persons who may live and reside in the United States, and in the case
of aliens, who have the ability to eventually become citizens and full
members of the political, social, and economic community. The Marianas
does not have that ability. If they allow foreign workers to remain
indefinitely, local businesses--such as Lynn Knight's--will prosper.
However the workers will not obtain civil and political rights. They
may not become United States citizens and they can not enter any other
part of the United States. They are trapped. If the Marianas responds,
as it did, to limit the length of stay for those workers, then
businesses suffer because they can not retain trained workers and the
workers themselves suffer.
This is a situation that should never have been allowed to occur. We
allowed it to happen, partially through a misplaced idea that we were
enhancing local self-government. We now need to act to formally bring
the Northern Marianas under the federal system as a part of the United
States. We need to let them devote their resources to local concerns
rather than having then attempt to replicate federal responsibilities.
We need to make the transition as smooth as possible and we need to act
to strengthen and diversify the local economy. This legislation as
reported unanimously from the Committee on Energy and Natural Resources
will do that. It should be enacted promptly.
Mr. President, the effort we are about to proceed with today is a
result of a recognition that, indeed, there simply has to be a change
in the immigration situation with regard to Saipan and the other
islands of the Mariana Islands as a consequence of an effort that began
many years ago to encourage development. But clearly the situation ran
away with itself over a period of time when the immigration system just
got beyond the management capability of the islands.
I have had an opportunity to work with Senator Akaka on this
legislation. I know how sensitive he is because a good deal of his
constituency extends a little further out than the Hawaiian Islands
into the CNMI. My constituency in Alaska does not quite extend that
far. Nevertheless, as chairman of the committee, I have the
responsibility to try to bring about corrective action. Through the
efforts of Senator Akaka and his staff and with the help of Senator
Bingaman and the professional staff of the committee, I think we have
been able to achieve that in this legislation.
With the concurrence of Senator Akaka, I will proceed with the
charts. Senator Akaka is very prominent in some of the charts we are
going to be presenting. In some cases I assume he has not seen these
pictures yet. I am not suggesting either one of us is particularly
photogenic, but we have living proof we were there on the ground and
saw the situation as it really does exist.
The first chart I am going to show is a little bit of what has
happened over a period of time in the CNMI. It is a chart of population
by citizenship.
On the chart, the lower area is the growth in the number of U.S.
citizens. That is in blue. You will see back in 1980 it was somewhere
in the area of 14,000 or thereabouts. In the upper area is the growth
in the number of aliens. Those aliens are primarily Chinese
[[Page S363]]
women coming in and working in the garment business. They come in under
a contract for 2 or 3 years. Their living conditions leave a little bit
to be desired, but I will go into that a little later.
I do want my colleagues to understand, though, that as we look at the
difference in the number of U.S. citizens over a period of time from
1980 to 1999, the growth of that group is relatively modest. But if we
look, from 1980 to 1999, at the growth in the number of non-U.S.
citizens, we see phenomenal growth. That is a result of these workers
coming in and working in sweatshops in a way we would certainly not
allow anywhere in the United States.
The population of the Mariana Islands, as I indicated, was about
15,000 in 1976 when the covenant was approved. As of July 1999, that
figure has now risen to close to 80,000, as the chart shows.
In 1978, 78 percent of the population were U.S. citizens. By 1990,
that figure went down to 47 percent. By 1999, in Saipan where most of
the population resides, that figure was down to 42 percent.
With the exception of about 4,000 residents from the freely
associated states in Micronesia, there were over 41,000 aliens who
entered this portion of the United States outside of our conventional
Federal immigration laws because the immigration laws were controlled
by the island.
In February of 1996, Senator Akaka and I, accompanied by a very
outstanding group of our professional staff who are with me today, went
to visit the islands. Let me give you a little report on what we found.
We were not looking for a situation that suggested the immigration was
out of control. But in our visit there, and in followup on reports, we
did find worker abuse and other problems associated with immigration
and labor.
We had an extensive and productive series of meetings during our
brief visit. We had an opportunity to meet with the Governor. We were
briefed by his various departments on how they were attempting to deal
with this situation. We met with law enforcement officials and
representatives from the Department of Labor and other agencies. We met
with Federal District Court Judge Munson, a very capable Federal judge,
and the U.S. attorneys for the area. We met with the leadership of the
legislature. We met with various groups, including the Chamber of
Commerce and others.
We also visited around the island. We visited garment factories. We
met with the workers who heard we were on the island and wanted to
convey their concern. Without notice, we met with some of the
Bangladeshi security guards. Let me show you what we saw.
Here we are, actually visiting one of the garment factories.
A picture cannot capture the atmosphere, but my colleagues can get
some idea of the work. This is a pile of red, what we call gaucho
sports shirts. There is quite a pile of them. On the next table, there
is another pile. It goes right on down the line.
These women, virtually without exception, are young women who have
come over from China on a contract working at these sewing machines and
putting these garments together. These are the general types of working
conditions and the building.
Behind this working area is their living quarters. The living
quarters are pretty rough. We went into some of them. There are four to
six women in one room. The beds look like little more than an enlarged
children's crib. On the other hand, one has to wonder what kind of
conditions they would ordinarily be living in in China. One has to bear
that in mind.
This gentleman in red--a different color T-shirt than the pile of
shirts--is Senator Akaka. I am wearing a blue T-shirt. We were going
through this factory.
Notice that many of the women do not look up from their machines or
even look at strangers, which surprised us. I assume they were told to
work, keep their heads down, and mind their own business. Nevertheless,
this gives some idea of what is inside one of the garment factories.
There is a barbed wire fence around the barracks where the women
live. It is certainly fair to say we would not want to live in those
conditions. It was hot. There was air circulating.
I have another picture. Obviously, I had a big dinner that day, so I
will not reflect at any great length on that. These are the shirts that
are going into various markets in the United States. The extraordinary
thing I found is that right at the factory where the garments are put
together, not only are the price tags put on but the encoded tag one
finds on the garment at sale is put on. When we looked at these labels,
we saw the May Company, we saw Hecht's, and a number of noted
commercial department stores in the United States.
We found they had a red dot on the other sale items on the garments
made in Saipan. Not only are they tagged with the price and the store
to which they are going, but this label says ``Made in America,'' and
these are made in America because, clearly, Saipan is a territory of
the United States. They go in duty free.
Also, these are young women, and this has certain consequences for
both the Mariana Islands and the U.S. Federal Government which I am
going to mention shortly.
What has attracted this industry, of course, is the availability of
workers who come from China on a 3-year contract, and they work very
hard. It is a piecemeal-type work. As a consequence, when their turn is
to leave, why, there are others who are waiting to come in under
contract as well.
We tried to find out terms and conditions under which they were
hired, but that is pretty difficult to do. There are those in China who
recruit, if you will, and what they get paid to buy a Chinese woman who
wants to come over and work is anybody's guess. There seems to be an
unlimited supply as these women go back and, in many cases, of course,
they have saved a good deal of the money they have made; others perhaps
are not so lucky. In any event, we saw other exceptions that were not
quite as pleasant.
This is a picture of Senator Akaka and me in front of what really was
a hovel. This is behind one of the major hotels, the Hyatt hotel. There
were a series of shacks. This is a gentleman from Bangladesh. He was
hired to be a security guard. We found an area where there was no
water, no sewer, no electricity. They were heating inside on a kerosene
stove. The concern he had is he had not been paid. He had been given
checks by his employer, and those checks had been returned for
nonsufficient funds. He had three checks.
He said: What am I to do? I work, I am paid, but the checks are no
good. I go to the Federal Government representatives on the island, and
they are so burdened down with requests such as this that they can't do
anything for me; I don't have enough money to go back to my country.
What am I to do?
These are people who, obviously, thought they were given an
opportunity for a better lifestyle. Clearly, once they arrived there,
they found themselves helpless.
This is the exception, not the rule. But there are enough of the
exceptions to suggest there is little means for these people to seek
relief, to go to their employer, and get paid: Run the check through
again next week and maybe there will be money to cover. That is a
pretty tough set of circumstances under the American flag.
I refer to another chart on the makeup of the CNMI population by
citizenship. If one looks closely at the chart and the growth of
populations in the Mariana Islands, one will note the growth rate for
U.S. citizens began to rise in roughly 1990. The blue bar is U.S.
citizens, and the red bar is the growth of non-U.S. citizens.
There is a ready explanation. If my colleagues will recall, many of
the alien contract workers are young women. I have another chart, and
this is a chart on infant births. Again, if one looks at the blue from
1985 to 1998, one sees the births by mothers' nationality. The blue
represents U.S. citizens and the red is non-U.S. citizens. In 1985, of
675 live births, 260 were to noncitizen mothers. While the number of
citizen mothers remains fairly consistent, the number of noncitizen
mothers rose to 581 in 1990, 701 in 1991, 859 in 1992, and then
continues around 900 to 1,000 thereafter. The exception was 1996 when
there were 1,409 recorded live births to noncitizen mothers. Fully 75
percent of all births were to noncitizen mothers.
[[Page S364]]
One might ask: Why are you spending so much time on this statistic?
For those who thought these alien contract workers were only temporary
and only presented a challenge for the Northern Mariana Islands,
reconsider for a moment because every one of these children is a U.S.
citizen because that child was born in the United States. As a
consequence, at some point in time, undoubtedly, they will come to the
United States--either stay in the Mariana Islands or go back to China
with the mother and then reenter the United States at a later time
because that child is a U.S. citizen.
That is a significant obligation that the United States picks up when
it allows this type of immigration--young women coming into these
sweatshops, working for a couple of years, and many of them becoming
pregnant and those children becoming U.S. citizens. Some of the women
are likely married to U.S. citizens.
We do not know the circumstances of all, except for one fact, and
that fact is that each of them entered on to U.S. soil outside of our
immigration system. They did not come through our immigration system,
but they became U.S. citizens anyway.
I have another chart, and this is a chart of employment by private
and public sectors. I think it is important that we recognize what we
are looking at.
What has this economic boom that has occurred on the islands and
access to alien workers at low wages really meant? One thing it has
meant is a steady growth in employment.
I think this chart is illuminating. As you can see, in the public
sector, virtually all the jobs have gone to U.S. citizens. This is the
public sector in blue. What is the public sector? The public sector is
government. That is where the U.S. citizens have found their jobs.
Many of the aliens are in the medical and health field. But most of
the private-sector jobs go to the aliens. The aliens, of course, are
shown on the chart in red as non-U.S. citizens. That is where the
growth has been in the private sector.
You probably would not be surprised to know there is a significant
difference in wages.
The July 1999 data I have from the Marianas Department of Commerce
provides mean-wage data for various sectors of the local economy.
For nondurable goods manufacturing, mean wages were about $2.51 per
hour in 1980, $2.94 in 1990, and $2.33 in 1995.
For the same period, in restaurants, mean wages were $2.17 in 1980,
$3.84 in 1990, and $3.80 in 1995.
For the public sector, however, mean wages were $4.03 in 1980, $9.20
in 1990, and $11.81 in 1995.
You can see the variance, where the higher wages are in the public
sector. What has happened is that the public sector has been forced to
expand to provide jobs for local residents and increase the level of
wages.
The Governor, when we were over there, noted, and in his testimony
later expressed, he was trying to trim the level of government but that
it was difficult.
Salaries and related expenses consume over half the budget of the
Marianas. They have a carryover deficit of about $70 million, I might
add. Even with the growth of the private sector to absorb local
residents seeking employment, it is simply not enough.
Let's look at Saipan's unemployment rate by citizenship. This chart
shows the unemployment rate by citizenship from 1980. Again, the blue
represents U.S. citizens. The red represents non-U.S. citizens. As you
can see, in 1980, after approval of the covenant but before the
trusteeship ended and the Marianas fully took over immigration, the
unemployment rate for U.S. citizens was 3 percent.
By 1990, as immigration began to accelerate and businesses found you
could hire foreign labor on short-term contracts, the rate climbed to
5.5 percent. By 1995, even with the significant expansion of the public
sector, the rate soared to 13.3 percent.
As you may recall, the use of alien workers was also rising. Now we
have 12.6 percent unemployment.
I do not know how the Governor plans to trim the public-sector
workforce with that level of unemployment for U.S. citizens, but we
wish him well. I know he is very serious about trying to deal with
unemployment and the size of the government. This is one of the
results, however, of the current immigration system.
What Senator Akaka and I are proposing is legislation that is
bipartisan. It has the support of the administration. As Senator
Bingaman noted, it was reported out of the committee unanimously. We
attempted to address every legitimate concern that the Governor, the
Resident Representative, the Speaker of the House, and the President of
the Senate from the Marianas raised.
We also met with the business community and other leaders.
Throughout, the general approach was to simply oppose the legislation.
As a consequence, what we have done is try to make changes to deal with
concerns that were raised by those I have mentioned.
Let me briefly go through some of the changes that are in the
committee amendment.
First is the grandfathering for existing long-term workers.
One criticism of the current situation in the Marianas is that
workers can remain for extended periods--in effect, workers in
permanent jobs--and therefore they have no political or civil rights.
Unlike the United States, the Marianas cannot provide for workers to
eventually become citizens and enter the community. To respond to that
complaint, the Marianas have enacted laws to require all aliens to
leave the Commonwealth after a certain timeframe.
One effect of that approach, however, is to frustrate the ability of
the employers to recruit, train, and hire personnel. From my
experience, I can personally testify that the last thing any employer
wants to do is commit resources to training individuals only to have
them leave for other employment. It is far worse when the Government
says your most valuable employees not only must leave your employ but
must also leave the country as well.
The president of the Saipan Chamber of Commerce, Lynn Knight, noted
that she had one employee who had been with her firm for several years
and would have to leave while another skilled professional could remain
since he was a U.S. citizen. Similar situations are likely in other
businesses, and I would expect especially in the tourism industry.
To deal with that problem, the committee has included a special
provision--this is the new section 6(j) to the Covenant Act--that
provides a one-time grandfather provision for long-term employees in
legitimate businesses. The provision would allow employers to sponsor
current employees who have been employed for 5 years or more.
If the alien is otherwise eligible for admission to the United
States, that employee may be granted an immigrant visa or have his
status adjusted to a person lawfully admitted for permanent residence
without regard to any numerical limitations in the Immigration Act.
This provision would ensure that for those businesses that have long-
term employees and want to retain them, this legislation would mean
nothing more than their employees would obtain green cards and be
authorized to work in the United States. I thank the chamber and Ms.
Knight for highlighting this situation because I think this provision
will go a long way to ease the transition for legitimate businesses.
Briefly, I will list some of the other changes Senator Akaka and I
made through the hearing process to try to address and accommodate the
local concerns of the people there. One is that the legislation limited
posttransition relief to only the hotel industry. That has been
expanded to include not only legitimate businesses throughout the
tourism industry but all other legitimate businesses in the
Commonwealth as well.
Further, a new statement of policy to guide implementation has been
inserted that makes clear that the transition from a nonresident
contract worker program is to be orderly and that potential adverse
effects are to be minimized.
An explicit recognition of local self-government has been added
together with more detailed requirements for consultation with local
officials and consideration of their views.
[[Page S365]]
We have included a straightforward statement, at the request of the
Governor, that fundamental policy decisions regarding the direction and
pace of economic development and growth will be made by local officials
and not dictated by the Federal Government.
Although the legislation limits the ability of the Attorney General
to provide additional extension of the temporary worker program to two
5-year periods for legitimate businesses in the tourism industry and
for a single 5-year period for other legitimate businesses, it also
requires the Attorney General to notify the Congress of the reasons for
the extension and whether we should consider providing additional
authority for further extensions.
A detailed technical assistance program is included to assist in the
transaction and to broaden and strengthen the local economy.
In addition to existing authorities and programs, the Secretary of
Commerce is provided $200,000 in matching grants to assist in the
development and implementation of a process to diversify and strengthen
the local economy. The Secretary is to consult not only with local
officials but also with local businesses, regional banks, and other
experts. Now the Secretary of Labor is involved. He is to provide an
additional $300,000 in matching grants to provide technical and other
support for the training, recruitment, and hiring of persons authorized
to work in the United States to fill jobs in the Commonwealth. In
addition to local officials and businesses, the Secretary is to work
with the College of the Northern Marianas and the Secretary of
Commerce.
A specific requirement has been included for the Federal Government
to promote the Northern Marianas as a tourist destination. The resident
representative, Juan Babauta, was very forceful in advocating the need
for assistance to diversify and strengthen the local economy and
provide training for the workers even absent the legislation. Although
he and other officials oppose the legislation, I thank him and the
others for their concerns. I think they are well founded, and we have
sought to try and deal with them.
I am not going to go into all the reasons why this legislation is
needed. I think they were fully laid out in the committee hearings and
in our committee report. I do not ever want to see a situation where I
have to convene a closed hearing and hear from a young lady who is
forced to endure what this particular young lady, coming over from
China, was forced to endure. The price of local control over Federal
functions should not be measured in lost childhood and innocence.
I am not fully happy with how determined Federal law enforcement
personnel are, but I am encouraged by the inclusion of funding in their
budgets for the first time because they have been working under
extraordinary circumstances of inadequate funds.
The General Counsel for the INS testified in strong support of this
legislation. I appreciate the technical assistance of their personnel
and the provisions and material they have provided us.
It is probably appropriate to conclude with a few comments on the
position of some in the opposition, including control over borders and
the conditions to enter the United States, work and reside, and become
a citizen. Some suggest these are matters of Federal, not local, law.
Well, this is not a matter of local self-government. In fact, by
requiring the Marianas to develop and implement an immigration system,
we diverted important resources they could have dedicated to important
matters of local concern, and seriously harmed local self-government.
Neither do I nor others believe the Marianas cannot have a healthy
and diversified economy under Federal immigration laws. They certainly
can. The islands of the Marianas have the physical and human resources
for tourism, as well as the geographic location for other activities
and businesses. We have provided in this bill the training and other
assistance we think the Marianas will need.
Yes, there will be some changes, but in the long run, they will be
for the better for all the residents of the Marianas, and we will not
have under the U.S. flag the sweatshop conditions that exist there
today. The only losers will be those who made their fortunes by
exploiting the situation and exploiting the workers from China who live
in conditions that are absolutely unsuitable and unacceptable under the
American flag. It is not a healthy economy when employment is 13
percent for local residents, and the only job opportunities seem to be
in the area of local government. The current system is denying
opportunities to the youth of the Marianas and will force them to leave
home for Guam or other areas to obtain work.
In conclusion, I particularly and personally thank Senator Akaka, who
has been such a strong advocate of reform and has patiently worked with
us to make this a better bill. I urge my colleagues to adopt the
committee amendment and the legislation. Again, I recognize my good
friend Senator Akaka, who is prepared to make an opening statement at
this time.
I yield the floor to Senator Akaka.
The PRESIDING OFFICER. The Senator from Hawaii.
Mr. AKAKA. Mr. President, I extend my appreciation to our chairman,
Senator Murkowski, for all he has done. He has given an extraordinary
and accurate and descriptive report of our visit to CNMI. I will follow
with some remarks.
At this time, I yield to my friend from Wisconsin, Senator Feingold,
for his remarks, to be recognized after he has concluded.
The PRESIDING OFFICER. The Senator from Wisconsin.
Mr. FEINGOLD. Mr. President, I rise today because I share the concern
of many of my colleagues about the situation in the Commonwealth of the
Northern Mariana Islands. I especially thank my colleagues from Alaska
and Hawaii for their leadership, and I am very glad this legislation is
before us. Allegations of human trafficking, grossly sub-standard
working conditions, deceitful recruitment practices, even indentured
servitude, must be taken seriously--particularly when these practices
are alleged to occur on American soil.
I also rise to highlight some very relevant issues about which I am
deeply concerned. As we consider the case of the CNMI, we must
recognize that there are other examples of this kind of international
exploitation, and that such practices often find their roots in
organized crime syndicates that span boundaries, and patterns of
corruption that cross borders.
In fact, according to a report issued by the nongovernmental
organization, the Global Survival Network, on the situation in the
CNMI,
. . . organized crime groups from the People's Republic of
China, South Asia, and Japan reap large profits from human
trafficking. Chinese provincial government agencies
reportedly collude with Chinese traffickers by pocketing a
percentage of passport fees paid by Chinese immigrants.
Chinese criminal groups have moved part of their operations
to the CNMI, where they operate significant gambling and
money-lending operations. Japanese organized crime groups
also operate in Saipan, where they control a large part of
the sex tourism sector.
Let this be a wake-up call for all of us--international crime is an
increasingly disturbing problem, and it is not something that happens
only in other parts of the world. This is an issue that I intend to
work on in the months ahead.
According to NGO estimates, between 1 million and 2 million women are
trafficked each year for the purposes of forced prostitution, many of
them from Russia and other parts of Eastern Europe and Central Asia. In
1998, the FBI indicated that, of the Russian crime cases they had
investigated abroad, 55 percent involved fraud, 22 percent money
laundering, and the rest murder, extortion, and the smuggling of
people, arms, and drugs. These kinds of activities are global
phenomenon, and the United States is not immune to these forces.
Members of this body are all too familiar with the role of Colombian
and Nigerian criminal organizations in the drug trade that casts a
shadow over virtually every American community today--including my own
hometown.
We have all been alarmed by last year's revelations about the
laundering of Russian money through U.S. banks. Recent reports indicate
that Poland is overwhelmed in its efforts to combat money laundering
schemes--many of which have an international component.
[[Page S366]]
In fact, some 170 Polish gangs have ties with criminal groups abroad.
Too often, money-laundering schemes entail the buying-off of corrupt
officials, creating a cycle of complicity that undermines the rule of
law, stability, and the very legitimacy of government itself.
Few would dispute the fact that corruption played a role in the Asian
financial crisis of 1997 and 1998, or that it hampers political,
social, and economic development throughout a region that I care deeply
about--sub-Saharan Africa, a region where international crime and
corruption often go hand-in-hand. The GAO has reported that Americans
lose up to $2 billion per year to African-based white collar crime
syndicates. In Angola and Sierra Leone, corruption fuels the trade in
illicit diamonds, which in turn finances brutally violent conflicts.
There can be no doubt that international crime and corruption are
critical security issues and economic issues--but there can also be no
doubt that they are human rights issues, and social development issues
as well.
These patterns will increasingly have an impact on the lives of
Americans in this new century, and the manner in which we respond will
determine, in part, the degree to which all people of all nations can
achieve a better life in the years ahead.
Mr. President, I intend to look more closely at these trends in
international crime and corruption in the months ahead.
I yield the floor.
The PRESIDING OFFICER (Ms. Collins). The Senator from Hawaii is
recognized.
Mr. AKAKA. Madam President, I thank my friend from the State of
Wisconsin for his statement. I also thank him for saying what he felt
about the CNMI.
I express my gratitude to the majority leader for scheduling this
bill today and also the Democratic leader for supporting it. I look
forward to working out this bill with my friend, the chairman, Senator
Murkowski.
As we begin today's debate, I want to express my sincere thanks to
the leadership of the Committee on Energy and Natural Resources for
their commitment to CNMI immigration reform. The Senator from Alaska,
Chairman Murkowski, and the Senator from New Mexico, Senator Bingaman,
understand that a great injustice is taking place far from the Nation's
Capitol. That is why they have brought this legislation to the Senate
floor. Their efforts prove that they live by the words of one of our
Senate titans, Daniel Webster, who proclaimed justice the ``great
interest of man on earth.''
Perhaps some Senators, and many viewers who are watching these
proceedings in the gallery or on television, are wondering, ``Why is
the United States Senate--that great deliberative body in the world's
strongest democracy--taking time from its busy schedule to debate
legislation that affects a distant island community with a population
of only 70,000 people?'' You might ask, ``Why don't we work on other
important legislation, such as nuclear waste policy, judicial
nominations, or health care for our armed forces?''
The answer to these questions is that conditions in the Commonwealth
of the Northern Mariana are an affront to democratic values. The answer
is that the CNMI immigration system has sparked international protests
from our Pacific allies.
Immigration in the Commonwealth violates fundamental standards of
morality and human decency. That's why we must pass the reform measure
pending in the Senate.
Chairman Murkowski is a longstanding champion of CNMI immigration
reform.
He is the only Senator in recent memory to visit the Commonwealth,
where he witnessed the profound problems caused by their local
immigration law.
I doubt that many of my colleagues know very much about the CNMI, a
U.S. Island territory located 1,500 miles south of Tokyo.
Those Senators who are familiar with the territory have probably read
the growing number of articles on the immigration and labor abuse in
the Commonwealth. Yet only Chairman Murkowski has visited the islands
to get a first-hand understanding of their problems. I joined him on
his tour of the CNMI in February of 1996.
The statement that was made by the chairman on what we saw there, as
I said, is accurate and very descriptive. It was a shame to see that a
part of the United States is living under those conditions.
The legislation before us won't correct all of the Commonwealth's
problems, but it will address the most significant concern, immigration
abuse. Chairman Murkowski is a man of the Pacific who understands the
need to have an immigration policy that reflects America values.
The states we represent, Alaska and Hawaii, are closest to our
Pacific neighbors, and we recognize the need to respond to problems
that generate strong protests from other Pacific nations. I am honored
to join him as a cosponsor of S. 1052, legislation to reform
immigration abuses in the CNMI.
When the CNMI became a U.S. commonwealth in 1976, Congress granted it
local control over immigration at the request of island leaders. This
means that the Immigration and Nationality Act does not apply in the
CNMI. We now know this decision was a great mistake.
Using its immigration authority, the Commonwealth has created a
plantation economy that relies upon wholesale importation of low-paid,
short-term indentured workers. Indentured servitude, a practice
outlawed in the United States over 100 years ago, had resurfaced in the
CNMI.
Foreign workers pay up to $7,000 to employers or middlemen for the
right to a job in the CNMI. When they finally reach the Commonwealth,
they are assigned to tedious, low paying work for long hours with
little or no time off. At night they are locked in prison-like
barracks.
If they complain, they are subject to immediate deportation at the
whim of their employer.
Some arrive in the islands only to find that they were victims of an
employment scam. There are no jobs waiting for them, and no way to work
off their bondage debt.
Concern about the CNMI's longstanding immigration problems has
historically been bipartisan. In fact, officials in the Reagan
administration first sounded the alarm about the run-away immigration
policies that the Commonwealth adopted.
The administration of every President in the past 16 years--the
Reagan, Bush, and Clinton administrations--has consistently criticized
the Commonwealth's immigration policy.
Bipartisan studies have also condemned CNMI Immigration.
The Commission on Immigration Reform called the CNMI system of
immigration and indentured labor ``antithetical to American values.''
According to the Commission, no democratic society has an immigration
policy like the CNMI.
The closest equivalent is Kuwait, where foreign workers constitute a
majority of the workforce and suffer harsh and discriminatory treatment
by the citizen population.
For this reason, the CNMI has also become an international
embarrassment for the United States.
We have received complaints from the Philippines, Nepal, Sri Lanka,
and Bangladesh about immigration abuse and the treatment of workers.
They failure of the Commonwealth to reform its immigration system has
seriously tarnished our image in the region.
Concerns about the CNMI are not new. Perhaps we should be criticized
for not acting sooner. Yet, despite a 14-year effort by the Reagan,
Bush, and Clinton administrations to persuade the CNMI to correct
immigration problems, the problems persist.
After 14 years of waiting for the Commonwealth to implement reform,
it is time for Congress to act. Statistics on Commonwealth immigration
provide compelling evidence of the need for reform.
Twenty years ago, the CNMI had a population of 15,000 citizens and
2,000 alien workers.
Today, the citizen population stands at 28,000, but the alien worker
population has mushroomed to 42,000. That's a 2,000 percent increase.
The Immigration and Naturalization Service reports that the CNMI has
no reliable records of aliens entering the Commonwealth, how long they
remain, and when, if ever, they depart. One CNMI official testified
that they have
[[Page S367]]
``no effective control'' over immigration in their islands.
The CNMI shares the American flag, but it does not share our
immigration system. When the Commonwealth became a territory of the
United States, we allowed them to write their own immigration laws.
After twenty years of experience, the CNMI immigration experiment has
failed.
Conditions in the CNMI prompt the question whether the U.S. should
operate a unified immigration system, or whether a U.S. territory
should be allowed to establish laws in conflict with national
immigration policy.
Common sense tells us that a unified system is the only answer. If
Puerto Rico, or Hawaii, or Arizona, or Oklahoma could write their own
immigration laws--and give work visas to foreigners--our national
immigration system would be in chaos.
America is one country. We need a uniform immigration system, not one
system for the 50 states and another system for one of our territories.
I don't represent the CNMI, but the Commonwealth is Hawaii's
backyard. I speak as a friend and neighbor when I say that this policy
cannot continue. The CNMI system of indentured immigrant labor is
morally wrong, and violates basic democratic principles.
We hope that our colleagues will hear our voices and will join us in
passing S. 1052.
I yield the floor. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. FEINGOLD. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. FEINGOLD. I ask unanimous consent to speak as in morning
business.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________