[Congressional Record (Bound Edition), Volume 152 (2006), Part 14]
[Senate]
[Pages 18625-18628]
[From the U.S. Government Publishing Office, www.gpo.gov]




                        NORTHERN MARIANA ISLANDS

  Mr. BINGAMAN. Mr. President, the Commonwealth of the Northern Mariana 
Islands, CNMI, became a part of the United States 30 years ago with 
high expectations, but today they are an American community in deep 
distress. The CNMI economy is being bled by a rapid decline in its 
garment industry as the result of new international trade rules, by 
losses in its tourism industry, and by the loss of over $100 million 
each year in wages that are sent offshore by foreign guest workers. The 
community on Saipan, where 90 percent of the population resides is 
experiencing increasing problems with water quality and service, the 
electric system has returned to scheduled outages after years of 
reliable service, and overburdened wastewater systems cause regular 
contamination of the land, air, and water. The Government has recently 
made layoffs in an effort to balance the budget and has even cut back 
the number of workdays for those who continue to have jobs. 
Unemployment is conservatively estimated at 14 percent and rising, and 
a shocking 65 percent of children receive food assistance. Only 6 
months ago, the Government asked Congress for an unprecedented $140 
million in new appropriations to maintain government operations and 
meet critical needs.
  There are many reasons for this dire situation; some are temporary, 
others are systemic. One of the systemic causes of this situation which 
should be addressed promptly by Congress and the administration is the 
local government's labor and immigration policies, particularly their 
promotion of an extremely high population growth rate, 500 percent in 
30 years, and their promotion of the use of alien guest workers instead 
of U.S. citizens for nearly all private sector occupations. In order to 
establish a stable and sustainable foundation for the CNMI's future, a 
new Federal immigration and labor policy framework and Federal 
institutions are needed to properly control the borders and to properly 
manage the guest worker program.
  When the CNMI became a U.S. territory in 1976, most U.S. laws were 
immediately extended. However, the granting of U.S. citizenship to the 
inhabitants and the extension of U.S. immigration law were not to occur 
until ``after termination of the Trusteeship Agreement''; that is, not 
until after the international community, acting through the United 
Nations, recognized the extension of U.S. sovereignty over the islands 
by terminating the U.N. Trusteeship Agreement.
  Unfortunately, during the 10-year period between U.S. approval of the 
covenant in 1976 and U.N. termination of the trusteeship in 1986, the 
CNMI began the importation of foreign workers to exploit a combination 
of immigration, wage, and trade privileges. In 1986, the Reagan 
administration wrote to the CNMI Governor stating that ``the tremendous 
growth in alien labor [is] . . . extremely disturbing'' and urged 
``timely and effective action to reverse the . . . situation.'' The 
administration warned that ``the uncontrolled influx of alien workers . 
. . can only result in increased social and cultural problems.'' The 
CNMI policy was also inconsistent with the legislative history of the 
covenant which states that local immigration control was intended to 
restrict immigration in order to protect the indigenous community from 
being overwhelmed by immigrants.
  Notwithstanding these concerns expressed by the Reagan 
administration, and later the Bush and Clinton administrations, the 
CNMI continued to import alien guest workers and other, nonworker, 
aliens. The population of 16,000 in 1976 has exploded to an estimated 
80,000 today.
  Mr. President, in 1999, the Northern Mariana Islands Covenant Act 
Implementation Act was reported favorably by the Committee on Energy 
and Natural Resources, and it passed the U.S. Senate by unanimous 
consent in 2000. It would have extended the Immigration and Nationality 
Act, INA, to the CNMI as anticipated under the covenant agreement which 
joined the United States and CNMI in political union in 1976. The 
measure was reintroduced in the 107th Congress and was again reported 
favorably by the Energy Committee. I was pleased that the measure 
continued to have bipartisan support at that time, including the 
``strong support'' of the administration.
  On June 21, 2006, I joined with my colleague and the chairman of the 
Energy Committee, Pete Domenici, in a letter to the Secretary of the 
Interior, copied to the Attorney General and the

[[Page 18626]]

Secretary of Homeland Security, asking whether there have been 
developments that would cause the administration to alter its support 
for this bill. We have not yet received a reply.
  Mr. President, I ask unanimous consent that a copy of the recent 
letter to Secretary Kempthorne, a copy of the original, 2001 letter of 
support from the administration, and a copy of a section-by-section 
summary of the legislation all be printed in the Record at the end of 
my remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 2.)
  Mr. BINGAMAN. Mr. President, I believe the reasons the Administration 
and Congress should continue to support legislative action are 
compelling, and I present them here for the consideration of my 
colleagues and the public. In short, there are five reasons that 
legislation is needed to more fully implement the covenant agreement 
that ties the CNMI and the United States in political union: the lack 
of local institutional capacity, national security, ineffective law 
enforcement against organized crime, an unsustainable economic model, 
and inadequate protection for alien workers. I believe that any one of 
these reasons is a basis for the administration to reaffirm its 
support. All five reasons make the case for continued support 
overwhelming.
  First, congressional action is needed because the CNMIs lack the 
institutional capacity to control its borders or to properly manage 
immigration and guest worker programs. In 1997, reports by both the 
U.S. Immigration and Naturalization Service, INS, and by the bipartisan 
U.S. Commission on Immigration Reform found that the CNMI does not 
have, and never will have, the capacity to properly control its borders 
because border control requires sovereign authority to operate overseas 
consulates, issue visas, and have access to classified national and 
international ``watch'' lists. During the Energy Committee's hearings 
on this legislation in September of 1999, the General Counsel of the 
INS, Mr. Bo Cooper, was asked, ``Do you foresee any circumstances under 
which the government of the Commonwealth could operate an immigration 
system that is satisfactory to the Federal Government?'' Mr. Cooper 
responded, ``No, I do not.'' This fundamental fact has not changed with 
time, and it alone constitutes a basis for enacting legislation to 
extend Federal immigration control to the CNMI.
  Second, Federal legislative action is needed because the post-9/11 
environment requires that the United States secure its borders. The 
CNMI is an American community that deserves that same level of 
protection from attack as other American communities. The United States 
also has important military assets and training facilities in the CNMI, 
and our Nation's Naval and Air Force bases in nearby Guam are 
increasingly important both regionally and globally. The threat from 
North Korea, tension between Taiwan and China, and terrorist activity 
in the nations of Southeast Asia, all underscore the strategic 
importance of the Marianas. Yet the lack of institutional capacity to 
secure the borders underscores the vulnerability of the Marianas, and 
the Nation. Border control is an inherently sovereign function, and 
given the increasing importance of the Marianas, the increased threats 
they face, and the obligation of the President to protect all U.S. 
communities, this function can no longer be delegated to local 
authorities.
  A third reason for congressional action is the CNMI's lack of 
capacity to screen for criminals entering the islands. This deficiency 
has contributed to the establishment of organized crime elements from 
Japan, China, and Russia in the community and to an increase in illegal 
drug, gambling, prostitution, and trafficking crimes associated with 
such elements. The 1997 INS report found that: ``[There are] serious 
deficiencies in all facets of the Marianas' current system of 
immigration enforcement and control'' and ``There appears to be 
universal recognition amongst the Mariana Government Authorities that 
various organized crime groups, such as the Japanese Yakuza, the 
Chinese Triads, and the Russian Mafia have made inroads into the 
Marianas . . . Few of these persons are ever detected at the port-of-
entry or apprehended while in the Marianas.'' The report recommended 
that Congress enact legislation to extend the Immigration and 
Nationality Act.
  A fourth reason for congressional action is to change CNMI 
immigration and labor policies that are unsustainable and contribute to 
the distress the community now faces. The CNMI, promotes the use of 
guest workers to fill virtually all private sector jobs: unskilled, 
skilled, and even professional jobs. In addition, both the CNMI 
Government and the private sector earn income from the hiring of alien 
workers but not from hiring U.S. citizens. Consequently, those U.S. 
citizens who cannot find increasingly scarce Government work are left 
to go on welfare or emigrate. Unemployment is conservatively estimated 
at 14 percent and rising. An astounding 65 percent of children are on 
food assistance. Also contributing to this unsustainable economic model 
is the problem of wage remittances. For 2005, it was reported that 
guest worker remittances to their home countries was well in excess of 
$100 million. These remittances are bleeding the community of wealth 
that is no longer available to buy goods and services, create jobs, and 
otherwise stimulate economic activity for the benefit of the community.
  The CNMI's labor and immigration policies also contribute to an 
unsustainable economy because they result in huge population growth 
rates which have overwhelmed the community's infrastructure and 
services. Most of these new residents are very low-wage or no-wage 
migrants who are a net drain on the economy, consuming more in public 
services than they contribute in taxes. As a result, water and power 
are rationed; sewage fouls the land, air, and water; and healthcare and 
education facilities are seriously overcrowded. Each year the economy 
struggles to support growing numbers of unemployed U.S. citizens, as 
well as thousands of nonworking alien and illegal alien residents.
  Finally, local labor and immigration policies contribute to an 
unsustainable economy because the resulting high crime and 
deteriorating infrastructure create disincentives to investment. Gone 
are the clean and open beaches and the reliable utilities and services 
that attracted new hotel and tourist investment 20 years ago. Instead, 
the CNMI has asked the Congress for a $140 million bailout to sustain 
an economic model that is fundamentally flawed.
  The fifth reason Federal legislative action is needed is to protect 
guest workers from abuse. Abuse of workers was the driving force behind 
congressional establishment of the Federal-CNMI Initiative on Labor, 
Immigration, and Law Enforcement in 1994. Following establishment of 
this program, Interior Department investigations confirmed the 
allegations of outrageous abuses, from widespread and systematic 
cheating of workers out of ages, to improper confinement, to coerced 
abortions. The worst of these abuses have apparently ended, in part 
through the efforts of the U.S. Department of the Interior's labor 
ombudsman. This office was established under the initiative in 1999 as 
a stop-gap measure because the Energy Committee's efforts to enact 
reform legislation had run into insurmountable opposition in the U.S. 
House of Representatives. The Interior labor ombudsman's responsibility 
was, and remains, to advocate on behalf alien workers; to give them a 
voice in the face of the inadequately funded and often indifferent 
local bureaucracy.
  Unfortunately, the 2006 ombudsman's report states that while there 
have been improvements in the treatment of guest workers, ``There are 
still a number of serious problems that have yet to be effectively 
addressed by local government officials: ensuring the health and safety 
of alien workers; inadequate prevention efforts to curb labor abuses 
through periodic regulatory inspections; unacceptable delay in 
investigating and adjudicating worker complaints due to failure to 
allocate sufficient resources to the Department of Labor; difficulty 
rooting

[[Page 18627]]

out corruption within the agencies tasked with regulating alien entry 
and work permitting, and an inability or unwillingness to prosecute 
repeat offenders.''
  Mr. President, if, after 12 years of effort, the chief Federal labor 
official in the CNMI still finds such systemic problems in the local 
government's capabilities and commitment to stop the abuse of guest 
workers, then it is clearly time for Congress to enact reform 
legislation. Stop-gap measures have only resulted in stop-gap 
solutions. If foreign-national guest workers continue to be mistreated 
under the U.S. flag, then it is the duty of the Congress to extend the 
Federal laws and institutions necessary for their protection.
  I am disappointed with the lack of priority which the Department of 
the Interior has given the CNMI Initiative during recent years. Since 
2000 the Department has failed to submit an annual report on the 
initiative. This year the report was finally submitted but only after 
the Department was twice directed to do so in congressional 
appropriations report language. As for content, the report is 
completely inadequate. It was composed only of a statement by the 
Interior labor ombudsman and it failed to include the input of Federal 
law enforcement officials or any of the socioeconomic data needed to 
properly assess socioeconomic and law enforcement trends in the 
islands. Without regular tracking of census and economic data, such as 
population, household income, and government revenues and expenditures, 
Congress must rely upon press reports to assess conditions in the 
islands. Nevertheless, the information contained in the Department's 
narrowly scoped report still leads to the conclusion that conditions 
have not fundamentally changed with respect to the protection of guest 
workers, and Federal legislative action is still needed.
  Any one of these five reasons--lack of institutional capacity, border 
control, law enforcement, unsustainable economics, and inadequate 
worker protection--is sufficient cause for Federal action. All five 
reasons make an overwhelming case. Certain fundamental facts that 
existed in 2001 when the administration first announced its support for 
legislation remain unchanged. For example, the CNMI still lacks the 
capacity to properly operate immigration and guest worker programs. 
Other facts are new and provide further justification for the 
administration to reaffirm its support. For example, after 
9/11 the United States is at greater risk of attack and must secure its 
borders and protect the U.S. citizens of the Marianas as we protect all 
communities on American soil.
  Border security and immigration control are inherent functions of 
national sovereignty that were intended to be extended to the CNMI 
following international recognition of the extension of U.S. 
sovereignty over the islands. That recognition occurred in 1986. As 
predicted by the Reagan administration 20 years ago, the failure of 
Congress to extend these laws has resulted in unacceptable social and 
cultural problems. Four U.S. administrations have expressed serious 
concern with these conditions, and two administrations have endorsed 
legislation to extend the INA with appropriate protections for the 
local economy. There have been no developments since 2001 that provide 
a basis for the administration to alter its strong support for this 
approach. In fact, the case for extending Federal policies and 
institutions to the CNMI to protect the community and to stabilize its 
economy is more compelling than ever.
  I look forward to receipt of the administration's reply to the 
committee's June 21 2006 letter, and to working with them, Chairman 
Domenici, and representatives of the CNMI on legislation to extend 
Federal immigration policies and institutions to the CNMI as 
anticipated by the covenant and as needed to protect the community and 
restore its economy to a sustainable future.

                               Exhibit 1

                                  U.S. Senate, Committee on Energy


                                        and Natural Resources,

                                    Washington, DC, June 21, 2006.
     Hon. Dirk Kempthorne,
     Secretary, U.S. Department of the Interior,
     Washington, DC.
       Dear Secretary Kempthorne: The U.S. Senate is currently 
     engaged in a debate regarding our Nation's immigration 
     policies, including discussion of border security, labor 
     demand, and the status of persons currently in the country 
     without legal status. As members of the Committee on Energy 
     and Natural Resources which has jurisdiction with respect to 
     the Territories of the United States, we have, over the 
     course of several years, considered these issues with respect 
     to the Commonwealth of the Northern Mariana Islands (CNMI).
       On June 5, 2001, the Committee reported legislation, the 
     Northern Mariana Islands Covenant Implementation Act (S. 507, 
     S. Rpt. 107-28) that would have extended Federal immigration 
     law to the CNMI with certain transition, exemption, and 
     assistance provisions. This legislation was reported with a 
     statement of support by the Administration as set forth in 
     the letter of May 15, 2001 from Assistant Attorney General 
     Daniel J. Bryant to then-Chairman Frank H. Murkowski.
       Given the passage of time, we are writing to ask whether 
     there have been any developments in the CNMI that would cause 
     the Administration to readdress their statement from 2001. We 
     ask that you please provide a response within 30 days, as 
     Chairman of the Interagency Group on Insular Affairs, and 
     direct any questions that you may have to Josh Johnson or 
     Allen Stayman of the Committee staff at 202-224-4971. Thank 
     you in advance for your assistance.
           Sincerely,
     Pete V. Domenici,
       Chairman.
     Jeff Bingaman,
       Ranking Member.
                                  ____

                                       U.S. Department of Justice,


                                Office of Legislative Affairs,

                                     Washington, DC, May 15, 2001.
     Hon. Frank H. Murkowski,
     Chairman, Committee on Energy and Natural Resources, 
         Washington, DC.
       Dear Mr. Chairman: This letter presents the views of the 
     Department of Justice on S. 507, the ``Northern Mariana 
     Islands Covenant Act.'' We strongly support S. 507.
       S. 507 would extend the Immigration and Nationality Act to 
     the Commonwealth of the Northern Mariana Islands (``CNMI''). 
     It contains special provisions to allow for the orderly 
     application of national immigration law, taking into account 
     the local economy in this newest United States territory. S. 
     507 is identical to S. 1052 from the l06th Congress.
       We believe that S. 507 would improve immigration policy by 
     guarding against the exploitation and abuse of individuals, 
     by helping to ensure that the United States adheres to its 
     international treaty obligation to protect refugees, and by 
     further hindering the entry into United States territory of 
     aliens engaged in international organized crime, terrorism, 
     or other such activities. Consequently, we support S. 507 and 
     urge its passage.
       This bill has resource implications for the Executive 
     branch. If it passes, we look forward to working with the 
     appropriate committees to ensure that the necessary resources 
     are dedicated to achieve the purpose of the bill.
       Thank you for the opportunity to present our views. Please 
     do not hesitate to call upon us if we may be of further 
     assistance. The Office of Management and Budget has advised 
     us that, from the standpoint of the Administration's program, 
     there is no objection to the submission of this letter.
           Sincerely,
                                                 Daniel J. Bryant,
                                       Assistant Attorney General.

       Identical letter sent to the Honorable Jeff Bingaman, 
     Ranking Minority Member.
                                  ____


 Northern Mariana Islands Covenant Implementation Act, 107th Congress.


                      section-by-section analysis

       Section 1. Short title and purpose. The statement of 
     purpose is intended to guide and direct Federal agencies in 
     implementing the provisions of this Act, and states, in part:

     ``. . . it is the intention of Congress in enacting this 
     legislation: (1) to ensure effective immigration control by 
     extending the Immigration and Nationality Act with special 
     provisions to allow for the orderly phasing-out of the non-
     resident 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; and 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. . . .''

       Section 2. Immigration reform for the Commonwealth of the 
     Northern Mariana Islands. Subsection (a) amends Public Law 
     94-241 which approved the Covenant to Establish a 
     Commonwealth of the Northern Mariana Islands in Political 
     Union with the United States of America by adding a new 
     section 6 at the end.
       The new Covenant Section 6: provides for the orderly 
     extension of Federal immigration laws to the CNMI under a 
     transition

[[Page 18628]]

     program designed to minimize adverse effects on the economy. 
     Specific provisions are made to ensure access to workers in 
     legitimate businesses after the end of the transition and for 
     the adjustment of those foreign workers who are presently in 
     the CNMI and who have been continuously employed in a 
     legitimate business for the past five years.
       Subsection (a): provides, except for any extensions that 
     may be provided by the Attorney General to specific 
     industries in accordance with the provisions of subsection 
     (d), for a transition program ending after eight years to 
     provide for the issuance of: nonimmigrant temporary alien 
     worker; family-sponsored, and employment-based immigrant 
     visas.
       Subsection (b): addresses the special problems faced by 
     employers in the CNMI due to the Commonwealth's unique 
     geographic and labor circumstances by providing an exemption 
     from the normal numerical limitations on the admission of H-
     2B temporary workers found in the INA. This subsection 
     enables CNMI employers to obtain sufficient temporary 
     workers, if United States labor and lawfully admissible 
     freely associated state citizen labor are unavailable, for 
     labor sensitive industries such as the construction industry.
       Subsection (c): sets forth several requirements during the 
     transition program which must be met with respect to 
     temporary alien workers who would otherwise not be eligible 
     for nonimmigrant classification under the INA. The intent of 
     this subsection is to provide a smooth transition from the 
     CNMI's current system. The Secretary of Labor will be guided 
     by the Act, including the Statement of Purpose and the 
     explanation in the Committee Amendments section of the 
     Committee Report in establishing the system for the 
     allocating and determining the number of permits. Subsection 
     (j) provides for petitions to adjust the status of certain 
     long-term employees. If any petitions are granted under 
     subsection (j), the number of permits are to be reduced 
     accordingly to the extent that the system adopted by the 
     Secretary of Labor assumed an allocation of permits for the 
     positions held by persons whose status is adjusted under 
     subsection (j).
       Subsection (d): provides general limitations on the initial 
     admission of most family-sponsored and employment-based 
     immigrants to the CNMI, as well as a mechanism for exemptions 
     to these general limitations. This subsection is intended to 
     address the concerns expressed by this Committee, in 
     approving the Covenant in 1976, regarding the effect that 
     uncontrolled immigration may have on small island 
     communities. This subsection further provides for a ``fail-
     safe'' mechanism to permit, in cases of labor shortages, that 
     certain unskilled immigrant worker visas intended for the 
     CNMI be exempted from the normal worldwide and per-country 
     limitations found in the INA for such unskilled workers. This 
     subsection does not increase the overall number of aliens who 
     may immigrate to the United States each year.
       Paragraph (1): of this subsection authorizes the Attorney 
     General, after consultation with the governor and the 
     leadership of the Legislature of the CNMI and in consultation 
     with other Federal Government agencies, to exempt certain 
     family-sponsored immigrants who intend to reside in the CNMI 
     from the general limitations on initial admission at a port-
     of-entry in the CNMI or in Guam. For example, unless the CNMI 
     recommends otherwise, most aliens seeking to immigrate to the 
     CNMI on the basis of a family-relationship with a United 
     States citizen or lawful permanent resident would be required 
     to be admitted as a lawful permanent resident at a port-of-
     entry other than the CNMI or in Guam, such as Honolulu.
       Paragraph (2): generally provides the Attorney General with 
     the authority to admit, under certain exceptional 
     circumstances and after consultation with federal and local 
     officials, a limited number of employment-based immigrants 
     without regard to the normal numerical limitations under the 
     INA. The purpose of this provision is to provide a ``fail-
     safe'' mechanism during the transition program in the event 
     the CNMI is unable to obtain sufficient workers who are 
     otherwise authorized to work under U.S. law. This paragraph 
     would also provide a mechanism for extending the ``fail-
     safe'' mechanism beyond the end of the transition program, 
     for a specified period of time, with respect to legitimate 
     businesses in the CNMI.
       Subparagraph (A): provides that the Attorney General, after 
     consultation with the Secretary of Labor and the Governor and 
     leadership of the Legislature of the CNMI, may find that 
     exceptional circumstances exist which preclude employers in 
     the CNMI from obtaining sufficient work-authorized labor. If 
     such a finding is made, the Attorney General may establish a 
     specific number of employment-based immigrant visas to be 
     made available under section 203(b) of the INA during the 
     following fiscal year. The labor certification requirements 
     of section 212(a)(5) will not apply to an alien seeking 
     benefits under this subsection.
       Subparagraph (B): permits the Secretary of State to 
     allocate up to the number of visas requested by the Attorney 
     General without regard to the normal per-country or `other 
     worker' employment-based third preference numerical 
     limitations on visa issuance. These visas would be allocated 
     first from unused employment-based third preference visa 
     numbers, and then, if necessary, from unused alien 
     entrepreneur visa numbers.
       Subparagraph (C): deals with entry of persons with 
     employment-based immigrant visas. Persons who are otherwise 
     eligible for lawful permanent residence under the transition 
     program may have their status adjusted in the CNMI.
       Subparagraph (D): provides that any immigrant visa issued 
     pursuant to this paragraph shall be valid only to apply for 
     initial admission to the CNMI. Any employment-based immigrant 
     visas issued on the basis of a finding of `exceptional 
     circumstances' as described in subparagraph (A) above, would 
     be valid for admission for lawful permanent residence and 
     employment only in the CNMI during the first five years after 
     initial admission. Such visas would not authorize permanent 
     residence or employment in any other part of the United 
     States during this five-year period. The subparagraph also 
     provides for the issuance of appropriate documentation of 
     such admission, and, consistent with the INA, requires an 
     alien to register and report to the Attorney General during 
     the five-year period. This five-year condition is intended to 
     prevent an alien from using the CNMI-only transition program 
     as a loophole to gain employment in another part of the 
     United States. Without this condition, such an alien, as a 
     lawful permanent resident, would be eligible to work anywhere 
     in the United States, thereby avoiding the lengthy (seven 
     years or longer) waiting period currently faced by other 
     aliens seeking unskilled immigrant worker visas.
       Subparagraph (E): provides that an alien who is subject to 
     the five-year limitation under this paragraph may, if he or 
     she is otherwise eligible, apply for an immigrant visa or 
     admission as a lawful permanent resident on another basis 
     under the INA.
       Subparagraph (F): provides for the removal from the United 
     States, of any alien subject to the five-year limitation if 
     the alien violates the provisions of this paragraph, or if 
     the alien is found to be removable or inadmissible under 
     applicable provisions of the INA.
       Subparagraph (G): provides the Attorney General with the 
     authority to grant a waiver of the five-year limitation in 
     certain extraordinary situations where the Attorney General 
     finds that the alien would suffer exceptional and extremely 
     unusual hardship were such conditions not waived. The 
     benefits of this provision would be unavailable to a person 
     who has violated the terms and conditions of his or her 
     permanent resident status, such as an alien who has engaged 
     in the unauthorized employment.
       Subparagraph (H): provides for the expiration of 
     limitations after five years.
       Subparagraph (I): provides for not more than two five-year 
     extensions, as necessary, of the employment-based immigrant 
     visa programs of this paragraph, with respect to workers in 
     legitimate businesses in the tourism industry. This provision 
     is designed to ensure that there be a sufficient number of 
     workers available to fill positions in the tourism industry 
     after the transition period ends. The subparagraph also 
     permits a single five-year extension for legitimate 
     businesses in other industries. The provisions are explained 
     more fully under the discussion of Committee Amendments.
       Subsection (e): provides further detail regarding 
     nonimmigrant investor visas.
       Subsection (f): provides further detail regarding persons 
     lawfully admitted into the CNMI under local law.
       Subsection (g): provides travel restrictions for certain 
     applicants for asylum.
       Subsection (h): deals with the effect of these provisions 
     on other law.
       Subsection (i): provides that no time spent by an alien in 
     the CNMI in violation of CNMI law would count toward 
     admission and is self-explanatory.
       Subsection (j): provides a one-time grandfather for certain 
     long-term employees and is more fully discussed in the 
     section of the Report describing the Committee Amendment.
       Section 2, subsection (b): provides for three conforming 
     amendments to the INA.
       Section 2, subsection (c): provides for technical 
     assistance to specifically charge the Secretary of Commerce 
     to provide technical assistance to encourage growth and 
     diversification of the local economy and the Secretary of 
     Labor to provide assistance to recruit, train, and hire 
     persons authorized to work in the U.S.
       Section 2, subsection (d): provides administrative 
     authority for the Departments of Justice and Labor to 
     implement the statute.
       Section 2, subsection (e): provides for a report to 
     Congress.
       Section 2, subsection (f): limits the number of alien 
     workers present in the CNMI prior to the transition program 
     effective date.
       Section 2, subsection (g): authorizes appropriations.

                          ____________________