[House Report 116-373]
[From the U.S. Government Publishing Office]
116th Congress } { Rept. 116-373
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
NORTHERN MARIANA ISLANDS RESIDENTS RELIEF ACT
_______
January 10, 2020.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 560]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 560) to amend section 6 of the Joint Resolution
entitled ``A Joint Resolution to approve the Covenant To
Establish a Commonwealth of the Northern Mariana Islands in
Political Union with the United States of America, and for
other purposes'', having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Mariana Islands Residents
Relief Act''.
SEC. 2. LONG-TERM LEGAL RESIDENTS OF THE COMMONWEALTH OF THE NORTHERN
MARIANA ISLANDS.
Section 6(e)(6)(B) of the Joint Resolution entitled ``A Joint
Resolution to approve the Covenant To Establish a Commonwealth of the
Northern Mariana Islands in Political Union with the United States of
America, and for other purposes'', approved March 24, 1976 (48 U.S.C.
1806), is amended--
(1) in clause (iii), by inserting ``except in the case of an
alien who meets the requirements of subclause (VI) of clause
(v),'' before ``resided continuously and lawfully''; and
(2) in clause (v)--
(A) in subclause (IV), by striking ``; or'' and
inserting a semicolon;
(B) in subclause (V), by striking the period at the
end and inserting ``;''; and
(C) by adding at the end the following:
``(VI) was admitted to the
Commonwealth as a Commonwealth Only
Transitional Worker during fiscal year
2015, and during every subsequent
fiscal year beginning before the date
of the enactment of the Northern
Mariana Islands U.S. Workforce Act of
2018 (Public Law 115-218); or
``(VII) resided in the Northern
Mariana Islands as an investor under
Commonwealth immigration law, and is
presently a resident classified as a
CNMI-only nonimmigrant under section
101(a)(15)(E)(ii) of the Immigration
and Nationality Act (8 U.S.C.
1101(a)(15)(E)(ii)).''.
Purpose of the Bill
The purpose of H.R. 560 is to amend section 6 of the Joint
Resolution entitled ``A Joint Resolution to approve the
Covenant To Establish a Commonwealth of the Northern Mariana
Islands in Political Union with the United States of America,
and for other purposes''.
Background and Need for Legislation
H.R. 560 amends the Joint Resolution that approved the
Covenant establishing the Commonwealth of the Northern Mariana
Islands (CNMI) in Political Union with the United States\1\ to
provide CNMI-only permanent resident status to the two
categories of CNMI residents that were not covered by H.R. 559,
which became Public Law 116-24\2\ on June 25, 2019.
---------------------------------------------------------------------------
\1\Pub. L. No. 94-241, 90 Stat. 263 (1976) (codified as amended at
48 U.S.C. ch. 17, https://uscode.house.gov/view.xhtml?path=/
prelim@title48/chapter17&edition=prelim).
\2\133 Stat. 977 (codified as 48 U.S.C. 1806(e)(6), https://
uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-
section1806&num=0&edition=prelim).
---------------------------------------------------------------------------
The Covenant to Establish the Commonwealth of the Northern
Mariana Islands in Political Union with the United States was
enacted in 1976 and, in general, applies federal laws to the
CNMI. However, the Covenant allowed the CNMI to establish its
own tax laws. It provides that the CNMI is outside of the U.S.
customs territory. The Jones Act, requiring goods shipped
between U.S. ports to be carried on U.S.-registered ships, does
not apply to the CNMI under the Covenant. The Covenant
initially did not apply federal minimum wage or federal
immigration laws to the CNMI, but these were later added by
Congress in 2007 and 2008, respectively.
H.R. 560 provides permanent resident status in the CNMI for
an estimated 2,875 long-term workers and 56 foreign investors
who were originally admitted when the CNMI controlled its
immigration laws and who were authorized to stay in the islands
indefinitely. By providing CNMI permanent residency to certain
long-term workers and giving them the ability to live and work
in the Marianas for as long as they want, H.R. 560 gives CNMI
businesses certainty and stabilizes the local labor market to
ensure positive economic results going forward.
As introduced, H.R. 560 also would have provided Marianas-
only permanent resident status for over 1,000 individuals who
had been living in the islands under a temporary humanitarian
parole program. Last June, Congress enacted these provisions
through H.R. 559. Accordingly, during markup of H.R. 560, the
Committee adopted an amendment in the nature of a substitute to
strike the provisions of H.R. 560 that were already enacted
into law as part of H.R. 559.
Committee Action
H.R. 560 was introduced on January 15, 2019, by
Representative Gregorio Kilili Camacho Sablan (D-MP). The bill
was referred to the Committee on Natural Resources, and in
addition to the Committee on the Judiciary. On February 27,
2019, the full Committee on Natural Resources held a hearing on
the bill. On September 18, 2019, the Natural Resources
Committee met to consider the bill. Rep. Sablan offered an
amendment in the nature of a substitute, which was agreed to by
voice vote. No additional amendments were offered. The bill, as
amended, was adopted and ordered favorably reported to the
House of Representatives by voice vote.
Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--the following hearing was used to develop or
consider H.R. 560: legislative hearing by the full Committee on
Natural Resources held on February 27, 2019.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 26, 2019.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 560, the Northern
Mariana Islands Residents Relief Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is David
Rafferty.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 560 would allow certain alien (foreign national)
workers and investors who reside in the Commonwealth of the
Northern Mariana Islands (CNMI) to apply for CNMI resident
status, which would enable them to live and work in the CNMI
indefinitely. Using data from the Department of Homeland
Security (DHS) and the Government Accountability Office, CBO
estimates that about 3,000 alien workers and investors would be
eligible to apply for CNMI resident status.
Aliens who qualify for CNMI resident status under H.R. 560
would not be required to repeatedly renew their immigration
status during the next decade. Consequently, the fees that they
and their employers pay to DHS would be reduced. Those fees are
classified as offsetting receipts (that is, as reductions in
direct spending) and are available for spending by DHS upon
collection under current law. Because the spending occurs soon
after the collection, CBO estimates that the net effect on
direct spending would be negligible.
The CBO staff contact for this estimate is David Rafferty.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill are to amend section 6 of the Joint
Resolution entitled ``A Joint Resolution to approve the
Covenant To Establish a Commonwealth of the Northern Mariana
Islands in Political Union with the United States of America,
and for other purposes''.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Unfunded Mandates Reform Act Statement
This bill contains no unfunded mandates.
Existing Programs
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local, or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
SECTION 6 OF PUBLIC LAW 94-241
JOINT RESOLUTION To approve the "Covenant To Establish a Commonwealth
of the Northern Mariana Islands in Political Union with the United
States of America", and for other purposes.
SEC. 6. IMMIGRATION AND TRANSITION.
(a) Application of the Immigration and Nationality Act and
Establishment of a Transition Program.--
(1) In general.--Subject to paragraphs (2) and (3),
effective on the first day of the first full month
commencing 1 year after the date of enactment of the
Consolidated Natural Resources Act of 2008 (hereafter
referred to as the ``transition program effective
date''), the provisions of the ``immigration laws'' (as
defined in section 101(a)(17) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(17))) shall apply to
the Commonwealth of the Northern Mariana Islands
(referred to in this section as the ``Commonwealth''),
except as otherwise provided in this section.
(2) Transition period.--There shall be a transition
period beginning on the transition program effective
date and ending on December 31, 2029, during which the
Secretary of Homeland Security, in consultation with
the Secretary of State, the Attorney General, the
Secretary of Labor, and the Secretary of the Interior,
shall establish, administer, and enforce a transition
program to regulate immigration to the Commonwealth, as
provided in this section (hereafter referred to as the
``transition program'').
(3) Delay of commencement of transition period.--
(A) In general.--The Secretary of Homeland
Security, in the Secretary's sole discretion,
in consultation with the Secretary of the
Interior, the Secretary of Labor, the Secretary
of State, the Attorney General, and the
Governor of the Commonwealth, may determine
that the transition program effective date be
delayed for a period not to exceed more than
180 days after such date.
(B) Congressional notification.--The
Secretary of Homeland Security shall notify the
Congress of a determination under subparagraph
(A) not later than 30 days prior to the
transition program effective date.
(C) Congressional review.--A delay of the
transition program effective date shall not
take effect until 30 days after the date on
which the notification under subparagraph (B)
is made.
(4) Requirement for regulations.--The transition
program shall be implemented pursuant to regulations to
be promulgated, as appropriate, by the head of each
agency or department of the United States having
responsibilities under the transition program.
(5) Interagency agreements.--The Secretary of
Homeland Security, the Secretary of State, the
Secretary of Labor, and the Secretary of the Interior
shall negotiate and implement agreements among their
agencies to identify and assign their respective duties
so as to ensure timely and proper implementation of the
provisions of this section. The agreements should
address, at a minimum, procedures to ensure that
Commonwealth employers have access to adequate labor,
and that tourists, students, retirees, and other
visitors have access to the Commonwealth without
unnecessary delay or impediment. The agreements may
also allocate funding between the respective agencies
tasked with various responsibilities under this
section.
(6) Fees for training united states workers.--
(A) Supplemental fee.--
(i) In general.--In addition to fees
imposed pursuant to section 286(m) of
the Immigration and Nationality Act (8
U.S.C. 1356(m)) to recover the full
costs of adjudication services, the
Secretary shall impose an annual
supplemental fee of $200 per
nonimmigrant worker on each prospective
employer who is issued a permit under
subsection (d)(3) during the transition
program. A prospective employer that is
issued a permit with a validity period
of longer than 1 year shall pay the fee
for each year of requested validity at
the time the permit is requested.
(ii) Inflation adjustment.--Beginning
in fiscal year 2020, the Secretary,
through notice in the Federal Register,
may annually adjust the supplemental
fee imposed under clause (i) by a
percentage equal to the annual change
in the Consumer Price Index for All
Urban Consumers published by the Bureau
of Labor Statistics.
(iii) Use of funds.--Amounts
collected pursuant to clause (i) shall
be deposited into the Treasury of the
Commonwealth Government for the sole
and exclusive purpose of funding
vocational education, apprenticeships,
or other training programs for United
States workers.
(iv) Fraud prevention and detection
fee.--In addition to the fees described
in clause (i), the Secretary--
(I) shall impose, on each
prospective employer filing a
petition under this subsection
for one or more nonimmigrant
workers, a $50 fraud prevention
and detection fee; and
(II) shall deposit and use
the fees collected under
subclause (I) for the sole
purpose of preventing and
detecting immigration benefit
fraud in the Northern Mariana
Islands, in accordance with
section 286(v)(2)(B) of the
Immigration and Nationality Act
(8 U.S.C. 1356(v)(2)(B)).
(B) Plan for the expenditure of funds.--Not
later than 120 days before the first day of
fiscal year 2020, and annually thereafter, the
Governor of the Commonwealth Government shall
submit to the Secretary of Labor--
(i) a plan for the expenditures of
amounts deposited under subparagraph
(A)(iii);
(ii) a projection of the
effectiveness of such expenditures in
the placement of United States workers
into jobs held by non-United States
workers; and
(iii) a report on the changes in
employment of United States workers
attributable to expenditures of such
amounts during the previous year.
(C) Determination and report.--Not later than
120 days after receiving each expenditure plan
under subparagraph (B)(i), the Secretary of
Labor shall--
(i) issue a determination on the
plan; and
(ii) submit a report to Congress that
describes the effectiveness of the
Commonwealth Government at meeting the
goals set forth in such plan.
(D) Payment restriction.--Payments may not be
made in a fiscal year from amounts deposited
under subparagraph (A)(iii) before the
Secretary of Labor has approved the expenditure
plan submitted under subparagraph (B)(i) for
that fiscal year.
(7) Asylum.--Section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158) shall not apply during
the transition period to persons physically present in
the Commonwealth or arriving in the Commonwealth
(whether or not at a designated port of arrival),
including persons brought to the Commonwealth after
having been interdicted in international or United
States waters.
(b) Numerical Limitations for Nonimmigrant Workers.--
(1) In general.--
(A) Nonimmigrant workers generally.----An
alien, if otherwise qualified, may seek
admission to Guam or to the Commonwealth during
the transition program as a nonimmigrant worker
under section 101(a)(15)(H) of the Immigration
and Nationality Act (8 USC 1101(a)(15)(H))
without counting against the numerical
limitations set forth in section 214(g) of such
Act (8 USC 1184(g)).
(B) H-2B workers.--In the case of an alien
described in subparagraph (A) who seeks
admission under section 101(a)(15)(H)(ii)(b) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)), the alien, if otherwise
qualified, may, before December 31, 2023, be
admitted under such section, notwithstanding
the requirement of such section that the
service or labor be temporary, for a period of
up to 3 years--
(i) to perform service or labor on
Guam or in the Commonwealth pursuant to
any agreement entered into by a prime
contractor or subcontractor calling for
services or labor required for
performance of a contact or subcontract
for construction, repairs, renovations,
or facility services that is directly
connected to, or associated with, the
military realignment occurring on Guam
and in the Commonwealth; or
(ii) to perform service or labor as a
health care worker (such as a nurse,
physician assistant, or allied health
professional) at a facility that
jointly serves members of the Armed
Forces, dependents, and civilians on
Guam or in the Commonwealth, subject to
the education, training, licensing, and
other requirements of section
212(a)(5)(C) of the Immigration and
Nationality Act (8 U.S.C.
1182(a)(5)(C)), as applicable, except
that this clause shall not be construed
to include graduates of medical schools
coming to Guam or the Commonwealth to
perform service or labor as members of
the medical profession.
(2) Locations.--Paragraph (1) does not apply with
respect to the performance of services of labor at a
location other than Guam or the Commonwealth.
(3) Report.--Not later than December 1, 2027, the
Secretary shall submit a report to the Committee on
Energy and Natural Resources of the Senate, the
Committee on the Judiciary of the Senate, the Committee
on Natural Resources of the House of Representatives,
and the Committee on the Judiciary of the House of
Representatives that--
(A) projects the number of asylum claims the
Secretary anticipates following the termination
of the transition period; and
(B) describes the efforts of the Secretary to
ensure appropriate interdiction efforts,
provide for appropriate treatment of asylum
seekers, and prepare to accept and adjudicate
asylum claims in the Commonwealth.
(c) Nonimmigrant Investor Visas.--
(1) In general.--Notwithstanding the treaty
requirements in section 101(a)(15)(E) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(E)), during the transition period, the
Secretary of Homeland Security may, upon the
application of an alien, classify an alien as a CNMI-
only 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 in
long-term investor status under the immigration
laws of the Commonwealth before the transition
program effective date;
(B) has continuously maintained residence in
the Commonwealth 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) Requirement for regulations.--Not later than 60
days before the transition program effective date, the
Secretary of Homeland Security shall publish
regulations in the Federal Register to implement this
subsection.
(d) Special Provision To Ensure Adequate Employment;
Commonwealth Only Transitional Workers.--An alien who is
seeking to enter the Commonwealth as a nonimmigrant worker may
be admitted to perform work during the transition period
subject to the following requirements:
(1) Such an alien shall be treated as a nonimmigrant
described in 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 under
this section and section 245 of such Act (8 U.S.C.
1255).
(2) Protection for united states workers.--
(A) Temporary labor certification.--
(i) In general.--Beginning with
petitions filed with employment start
dates in fiscal year 2020, a petition
to import a nonimmigrant worker under
this subsection may not be approved by
the Secretary unless the petitioner has
applied to the Secretary of Labor for a
temporary labor certification
confirming that--
(I) there are not sufficient
United States workers in the
Commonwealth who are able,
willing, qualified, and
available at the time and place
needed to perform the services
or labor involved in the
petition; and
(II) employment of the
nonimmigrant worker will not
adversely affect the wages and
working conditions of similarly
employed United States workers.
(ii) Petition.--After receiving a
temporary labor certification under
clause (i), a prospective employer may
submit a petition to the Secretary for
a Commonwealth Only Transitional Worker
permit on behalf of the nonimmigrant
worker.
(B) Prevailing wage survey.--
(i) In general.--In order to
effectuate the requirement for a
temporary labor certification under
subparagraph (A)(i), the Secretary of
Labor shall use, or make available to
employers, an occupational wage survey
conducted by the Governor that the
Secretary of Labor has determined meets
the statistical standards for
determining prevailing wages in the
Commonwealth on an annual basis.
(ii) Alternative method for
determining the prevailing wage.--In
the absence of an occupational wage
survey approved by the Secretary of
Labor under clause (i), the prevailing
wage for an occupation in the
Commonwealth shall be the arithmetic
mean of the wages of workers similarly
employed in the territory of Guam
according to the wage component of the
Occupational Employment Statistics
Survey conducted by the Bureau of Labor
Statistics.
(C) Minimum wage.--An employer shall pay each
Commonwealth Only Transitional Worker a wage
that is not less than the greater of--
(i) the statutory minimum wage in the
Commonwealth;
(ii) the Federal minimum wage; or
(iii) the prevailing wage in the
Commonwealth for the occupation in
which the worker is employed.
(3) Permits.--
(A) In general.--The Secretary shall
establish, administer, and enforce a system for
allocating and determining terms and conditions
of permits to be issued to prospective
employers for each nonimmigrant worker
described in this subsection who would not
otherwise be eligible for admission under the
Immigration and Nationality Act (8 U.S.C. 1101
et seq.).
(B) Numerical cap.--The number of permits
issued under subparagraph (A) may not exceed--
(i) 13,000 for fiscal year 2019;
(ii) 12,500 for fiscal year 2020;
(iii) 12,000 for fiscal year 2021;
(iv) 11,500 for fiscal year 2022;
(v) 11,000 for fiscal year 2023;
(vi) 10,000 for fiscal year 2024;
(vii) 9,000 for fiscal year 2025;
(viii) 8,000 for fiscal year 2026;
(ix) 7,000 for fiscal year 2027;
(x) 6,000 for fiscal year 2028;
(xi) 5,000 for fiscal year 2029; and
(xii) 1,000 for the first quarter of
fiscal year 2030.
(C) Reports regarding the percentage of
united states workers.--
(i) By governor.--Not later than 60
days before the end of each calendar
year, the Governor shall submit a
report to the Secretary that identifies
the ratio between United States workers
and other workers in the Commonwealth's
workforce based on income tax filings
with the Commonwealth for the tax year.
(ii) By GAO.--Not later than December
31, 2019, and biennially thereafter,
the Comptroller General of the United
States shall submit a report to the
Chair and Ranking Member of the
Committee on Energy and Natural
Resources of the Senate, the Chair and
Ranking Member of the Committee on
Natural Resources of the House of
Representatives, the Chair and Ranking
Member of the Committee on Health,
Education, Labor, and Pensions of the
Senate and the Chair and Ranking Member
of the Committee on Education and the
Workforce of the House of
Representatives that identifies the
ratio between United States workers and
other workers in the Commonwealth's
workforce during each of the previous 5
calendar years.
(D) Petition; issuance of permits.--
(i) Submission.--A prospective
employer may submit a petition for a
permit under this paragraph not earlier
than--
(I) 120 days before the date
on which the prospective
employer needs the
beneficiary's services; or
(II) if the petition is for
the renewal of an existing
permit, not earlier than 180
days before the expiration of
such permit.
(ii) Employment verification.--The
Secretary shall establish a system for
each employer of a Commonwealth Only
Transitional Worker to submit a
semiannual report to the Secretary and
the Secretary of Labor that provides
evidence to verify the continuing
employment and payment of such worker
under the terms and conditions set
forth in the permit petition that the
employer filed on behalf of such
worker.
(iii) Revocation.--
(I) In general.--The
Secretary, in the Secretary's
discretion, may revoke a permit
approved under this paragraph
for good cause, including if--
(aa) the employer
fails to maintain the
continuous employment
of the subject worker,
fails to pay the
subject worker, fails
to timely file a
semiannual report
required under this
paragraph, commits any
other violation of the
terms and conditions of
employment, or
otherwise ceases to
operate as a legitimate
business (as defined in
clause (iv)(II));
(bb) the beneficiary
of such petition does
not apply for admission
to the Commonwealth by
the date that is 10
days after the period
of petition validity
begins, if the employer
has requested consular
processing; or
(cc) the employer
fails to provide a
former, current, or
prospective
Commonwealth Only
Transitional Worker,
not later than 21
business days after
receiving a written
request from such
worker, with the
original (or a
certified copy of the
original) of all
petitions, notices, and
other written
communication related
to the worker (other
than sensitive
financial or
proprietary information
of the employer, which
may be redacted) that
has been exchanged
between the employer
and the Department of
Labor, the Department
of Homeland Security,
or any other Federal
agency or department.
(II) Reallocation of revoked
petition.--Notwithstanding
subparagraph (C), for each
permit revoked under subclause
(I) in a fiscal year, an
additional permit shall be made
available for use in the
subsequent fiscal year.
(iv) Legitimate business.--
(I) In general.--A permit may
not be approved for a
prospective employer that is
not a legitimate business.
(II) Defined term.--In this
clause, the term ``legitimate
business'' means a real,
active, and operating
commercial or entrepreneurial
undertaking that the Secretary,
in the Secretary's sole
discretion, determines--
(aa) produces
services or goods for
profit, or is a
governmental,
charitable, or other
validly recognized
nonprofit entity;
(bb) meets applicable
legal requirements for
doing business in the
Commonwealth;
(cc) has
substantially complied
with wage and hour
laws, occupational
safety and health
requirements, and all
other Federal,
Commonwealth, and local
requirements related to
employment during the
preceding 5 years;
(dd) does not
directly or indirectly
engage in, or knowingly
benefit from,
prostitution, human
trafficking, or any
other activity that is
illegal under Federal,
Commonwealth, or local
law;
(ee) is a participant
in good standing in the
E-Verify program;
(ff) does not have,
as an owner, investor,
manager, operator, or
person meaningfully
involved with the
undertaking, any
individual who has been
the owner, investor,
manager, operator, or
otherwise meaningfully
involved with an
undertaking that does
not comply with item
(cc) or (dd), or is the
agent of such an
individual; and
(gg) is not a
successor in interest
to an undertaking that
does not comply with
item (cc) or (dd).
(v) Construction occupations.--A
permit for Construction and Extraction
Occupations (as defined by the
Department of Labor as Standard
Occupational Classification Group 47-
0000) may not be issued for any worker
other than a worker described in
paragraph (7)(B).
(4) The Secretary of Homeland Security shall set the
conditions for admission of such an alien under the
transition program, and the Secretary of State shall
authorize the issuance of nonimmigrant visas for such
an alien. Such a visa 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 admission to the Commonwealth or
to Guam for the purpose of transit only. An alien
admitted to the Commonwealth on the basis of such a
visa shall be permitted to engage in employment only as
authorized pursuant to the transition program.
(5) Such an alien shall be permitted to transfer
between employers in the Commonwealth during the period
of such alien's authorized stay therein, without
permission of the employee's current or prior employer,
within the alien's occupational category or another
occupational category the Secretary of Homeland
Security has found requires alien workers to supplement
the resident workforce. Approval of a petition filed by
the new employer with a start date within the same
fiscal year as the current permit shall not count
against the numerical limitation for that period.
(6) The Secretary of Homeland Security may authorize
the admission of a spouse or minor child accompanying
or following to join a worker admitted pursuant to this
subsection.
(7) Requirement to remain outside of the united
states
(A) In general Except as provided in
subparagraph (B)--
(i) a permit for a Commonwealth Only
Transitional Worker--
(I) shall remain valid for a
period that may not exceed 1
year; and
(II) may be renewed for not
more than two consecutive, 1-
year periods; and
(ii) at the expiration of the second
renewal period, an alien may not again
be eligible for such a permit until
after the alien has remained outside of
the United States for a continuous
period of at least 30 days prior to the
submission of a renewal petition on
their behalf.
(B) Long-term workers An alien who was
admitted to the Commonwealth as a Commonwealth
Only Transitional Worker during fiscal year
2015, and during every subsequent fiscal year
beginning before the date of the enactment of
the Northern Mariana Islands U.S. Workforce Act
of 2018, may receive a permit for a
Commonwealth Only Transitional Worker that is
valid for a period that may not exceed 3 years
and may be renewed for additional 3-year
periods during the transition period. A permit
issued under this subparagraph shall be counted
toward the numerical cap for each fiscal year
within the period of petition validity.
(e) Persons Lawfully Admitted Under the Commonwealth
Immigration Law.--
(1) Prohibition on removal.--
(A) In general.--Subject to subparagraph (B),
no alien who is lawfully present in the
Commonwealth pursuant to the immigration laws
of the Commonwealth on the transition program
effective date shall be removed from the United
States on the grounds that such alien's
presence in the Commonwealth is in violation of
section 212(a)(6)(A) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(6)(A)), until
the earlier of the date--
(i) of the completion of the period
of the alien's admission under the
immigration laws of the Commonwealth;
or
(ii) that is 2 years after the
transition program effective date.
(B) Limitations.--Nothing in this subsection
shall be construed to prevent or limit the
removal under subparagraph 212(a)(6)(A) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(6)(A)) of such an alien at any time, if
the alien entered the Commonwealth after the
date of enactment of the Consolidated Natural
Resources Act of 2008, and the Secretary of
Homeland Security has determined that the
Government of the Commonwealth has violated
section 702(i) of the Consolidated Natural
Resources Act of 2008.
(2) Employment authorization.--An alien who is
lawfully present and authorized to be employed in the
Commonwealth pursuant to the immigration laws of the
Commonwealth on the transition program effective date
shall be considered authorized by the Secretary of
Homeland Security to be employed in the Commonwealth
until the earlier of the date--
(A) of expiration of the alien's employment
authorization under the immigration laws of the
Commonwealth; or
(B) that is 2 years after the transition
program effective date.
(3) Registration.--The Secretary of Homeland Security
may require any alien present in the Commonwealth on or
after the transition period effective date to register
with the Secretary in such a manner, and according to
such schedule, as he may in his discretion require.
Paragraphs (1) and (2) of this subsection shall not
apply to any alien who fails to comply with such
registration requirement. Notwithstanding any other
law, the Government of the Commonwealth shall provide
to the Secretary all Commonwealth immigration records
or other information that the Secretary deems necessary
to assist the implementation of this paragraph or other
provisions of the Consolidated Natural Resources Act of
2008. Nothing in this paragraph shall modify or limit
section 262 of the Immigration and Nationality Act (8
U.S.C. 1302) or other provision of the Immigration and
Nationality Act relating to the registration of aliens.
(4) Removable aliens.--Except as specifically
provided in paragraph (1)(A) of this subsection,
nothing in this subsection shall prohibit or limit the
removal of any alien who is removable under the
Immigration and Nationality Act.
(5) Prior orders of removal.--The Secretary of
Homeland Security may execute any administratively
final order of exclusion, deportation or removal issued
under authority of the immigration laws of the United
States before, on, or after the transition period
effective date, or under authority of the immigration
laws of the Commonwealth before the transition period
effective date, upon any subject of such order found in
the Commonwealth on or after the transition period
effective date, regardless whether the alien has
previously been removed from the United States or the
Commonwealth pursuant to such order.
(6) Special provision regarding long-term residents
of the Commonwealth.--
(A) CNMI resident status.--An alien described
in subparagraph (B) may, upon the application
of the alien, be admitted in CNMI Resident
status to the Commonwealth subject to the
following rules:
(i) The alien shall be treated as an
alien lawfully admitted to the
Commonwealth only, including permitting
entry to and exit from the
Commonwealth, until the earlier of the
date on which--
(I) the alien ceases to
reside in the Commonwealth; or
(II) the alien's status is
adjusted under section 245 of
the Immigration and Nationality
Act (8 U.S.C. 1255) to that of
an alien lawfully admitted for
permanent residence in
accordance with all applicable
eligibility requirements.
(ii) The Secretary of Homeland
Security--
(I) shall establish a process
for such alien to apply for
CNMI Resident status during the
180-day period beginning on a
date determined by the
Secretary but not later than
the first day of the sixth
month after the date of the
enactment of this paragraph;
and
(II) may, in the Secretary's
discretion, authorize deferred
action or parole, as
appropriate, with work
authorization, for such alien
beginning on the date of the
enactment of this paragraph and
continuing through the end of
such 180-day period or the date
of adjudication of the alien's
application for CNMI Resident
status, whichever is later.
(iii) Nothing in this subparagraph
may be construed to provide any alien
granted status under this subparagraph
with public assistance to which the
alien is not otherwise entitled.
(iv) An alien granted status under
this paragraph--
(I) is subject to all grounds
of deportability under section
237 of the Immigration and
Nationality Act (8 U.S.C.
1227);
(II) is subject to all
grounds of inadmissibility
under section 212 of the
Immigration and Nationality Act
(8 U.S.C. 1182) if seeking
admission to the United States
at a port of entry in the
Commonwealth;
(III) is inadmissible to the
United States at any port of
entry outside the Commonwealth,
except that the Secretary of
Homeland Security may in the
Secretary's discretion
authorize admission of such
alien at a port of entry in
Guam for the purpose of direct
transit to the Commonwealth,
which admission shall be
considered an admission to the
Commonwealth;
(IV) automatically shall lose
such status if the alien
travels from the Commonwealth
to any other place in the
United States, except that the
Secretary of Homeland Security
may in the Secretary's
discretion establish procedures
for the advance approval on a
case-by-case basis of such
travel for a temporary and
legitimate purpose, and the
Secretary may in the
Secretary's discretion
authorize the direct transit of
aliens with CNMI Resident
status through Guam to a
foreign place;
(V) shall be authorized to
work in the Commonwealth
incident to status; and
(VI) shall be issued
appropriate travel
documentation and evidence of
work authorization by the
Secretary.
(B) Aliens described.--An alien is described
in this subparagraph if the alien--
(i) was lawfully present on the date
of the enactment of this paragraph or
on December 31, 2018, in the
Commonwealth under the immigration laws
of the United States, including
pursuant to a grant of parole under
section 212(d)(5) of the Immigration
and Nationality Act (8 U.S.C.
1182(d)(5)) or deferred action;
(ii) is admissible as an immigrant to
the United States under the Immigration
and Nationality Act (8 U.S.C. 1101 et
seq.), except that no immigrant visa is
required;
(iii) except in the case of an alien
who meets the requirements of subclause
(VI) of clause (v), resided
continuously and lawfully in the
Commonwealth from November 28, 2009,
through the date of the enactment of
this paragraph;
(iv) is not a citizen of the Republic
of the Marshall Islands, the Federated
States of Micronesia, or the Republic
of Palau; and
(v) in addition--
(I) was born in the Northern
Mariana Islands between January
1, 1974, and January 9, 1978;
(II) was, on November 27,
2009, a permanent resident of
the Commonwealth (as defined in
section 4303 of title 3 of the
Northern Mariana Islands
Commonwealth Code, in effect on
May 8, 2008);
(III) is the spouse or child
(as defined in section
101(b)(1) of the Immigration
and Nationality Act (8 U.S.C.
1101(b)(1))) of an alien
described in subclause (I) or
(II);
(IV) was, on November 27,
2011, a spouse, child, or
parent of a United States
citizen, notwithstanding the
age of the United States
citizen, and continues to have
such family relationship with
the citizen on the date of the
application described in
subparagraph (A)[; or];
(V) had a grant of parole
under section 212(d)(5) of the
Immigration and Nationality Act
(8 U.S.C. 1182(d)(5)) on
December 31, 2018, under the
former parole program for
certain in-home caregivers
administered by United States
Citizenship and Immigration
Services[.];
(VI) was admitted to the
Commonwealth as a Commonwealth
Only Transitional Worker during
fiscal year 2015, and during
every subsequent fiscal year
beginning before the date of
the enactment of the Northern
Mariana Islands U.S. Workforce
Act of 2018 (Public Law 115-
218); or
(VII) resided in the Northern
Mariana Islands as an investor
under Commonwealth immigration
law, and is presently a
resident classified as a CNMI-
only nonimmigrant under section
101(a)(15)(E)(ii) of the
Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(E)(ii)).
(C) Authority of Attorney General.--Beginning
on the first day of the 180-day period
established by the Secretary of Homeland
Security under subparagraph (A)(ii)(I), the
Attorney General may accept and adjudicate an
application for CNMI Resident status under this
paragraph by an alien who is in removal
proceedings before the Attorney General if the
alien--
(i) makes an initial application to
the Attorney General within such 180-
day period; or
(ii) applied to the Secretary of
Homeland Security during such 180-
period and before being placed in
removal proceedings, and the Secretary
denied the application.
(D) Judicial review.--Notwithstanding any
other law, no court shall have jurisdiction to
review any decision of the Secretary of
Homeland Security or the Attorney General on an
application under this paragraph or any other
action or determination of the Secretary of
Homeland Security or the Attorney General to
implement, administer, or enforce this
paragraph.
(E) Procedure.--The requirements of chapter 5
of title 5, United States Code (commonly
referred to as the Administrative Procedure
Act), or any other law relating to rulemaking,
information collection or publication in the
Federal Register shall not apply to any action
to implement, administer or enforce this
paragraph.
(f) Effect on Other Laws.--The provisions of this section and
of the immigration laws, as defined in section 101(a)(17) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)),
shall, on the transition program effective date, supersede and
replace all laws, provisions, or programs of the Commonwealth
relating to the admission of aliens and the removal of aliens
from the Commonwealth.
(g) Accrual of Time for Purposes of Section 212(a)(9)(B) of
the Immigration and Nationality Act.--No time that an alien is
present in the Commonwealth in violation of the immigration
laws of the Commonwealth shall be counted for purposes of
inadmissibility under section 212(a)(9)(B) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(9)(B)).
(h) Report on Nonresident Guestworker Population.--The
Secretary of the Interior, in consultation with the Secretary
of Homeland Security, and the Governor of the Commonwealth,
shall report to the Congress not later than 2 years after the
date of enactment of the Consolidated Natural Resources Act of
2008. The report shall include--
(1) the number of aliens residing in the
Commonwealth;
(2) a description of the legal status (under Federal
law) of such aliens;
(3) the number of years each alien has been residing
in the Commonwealth;
(4) the current and future requirements of the
Commonwealth economy for an alien workforce; and
(5) such recommendations to the Congress, as the
Secretary may deem appropriate, related to whether or
not the Congress should consider permitting lawfully
admitted guest workers lawfully residing in the
Commonwealth on such enactment date to apply for long-
term status under the immigration and nationality laws
of the United States.
(i) Definitions In this section:
(1) Commonwealth The term ``Commonwealth'' means the
Commonwealth of the Northern Mariana Islands.
(2) Commonwealth only transition worker The term
``Commonwealth Only Transition Worker'' means an alien
who has been admitted into the Commonwealth under the
transition program and is eligible for a permit under
subsection (d)(3).
(3) Governor The term ``Governor'' means the Governor
of the Commonwealth of the Northern Mariana Islands.
(4) Secretary The term ``Secretary'' means the
Secretary of Homeland Security.
(5) Tax year The term ``tax year'' means the fiscal
year immediately preceding the current fiscal year.
(6) United States worker The term ``United States
worker'' means any worker who is--
(A) a citizen or national of the United
States;
(B) an alien who has been lawfully admitted
for permanent residence; or
(C) a citizen of the Republic of the Marshall
Islands, the Federated States of Micronesia, or
the Republic of Palau (known collectively as
the ``Freely Associated States'') who has been
lawfully admitted to the United States pursuant
to--
(i) section 141 of the Compact of
Free Association between the Government
of the United States and the
Governments of the Marshall Islands and
the Federated States of Micronesia (48
U.S.C. 1921 note); or
(ii) section 141 of the Compact of
Free Association between the United
States and the Government of Palau (48
U.S.C. 1931 note).
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Supplemental, Minority, Additional, or Dissenting Views
None.
[all]