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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3658 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3658

    To make technical corrections to subtitle A of title VII of the 
  Consolidated Natural Resources Act of 2008, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 2009

  Mr. Sablan introduced the following bill; which was referred to the 
Committee on Natural Resources, and in addition to the Committee on the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
    To make technical corrections to subtitle A of title VII of the 
  Consolidated Natural Resources Act of 2008, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. IMMIGRATION STATUS, EMPLOYMENT AUTHORIZATION, AND 
              REGISTRATION OF ALIENS IN THE COMMONWEALTH OF THE 
              NORTHERN MARIANA ISLANDS.

    (a) Immigration Status.--
            (1) Special rule.--Paragraph (1) of section 6(e) 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(e)), as added by section 702 of the Consolidated Natural 
        Resources Act of 2008 (Public Law 110-229; 122 Stat. 854)), is 
        amended--
                    (A) in subparagraph (A), by striking ``subparagraph 
                (B),'' and adding ``subparagraphs (B) and (C),'';
                    (B) by redesignating subparagraph (B) as 
                subparagraph (D); and
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) Special rule.--
                            ``(i) In general.--Except as provided in 
                        subparagraph (D), no alien who is described in 
                        clause (ii) may be removed from the United 
                        States on the grounds that such alien's 
                        presence in the Commonwealth of the Northern 
                        Mariana Islands is in violation of section 
                        212(a)(6)(A) of the Immigration and Nationality 
                        Act (8 U.S.C. 1182(a)(6)(A)), prior to the date 
                        that is 5 years after the transition program 
                        effective date.
                            ``(ii) Alien described.--An alien described 
                        in this clause is an alien who--
                                    ``(I) on May 8, 2008, was a 
                                resident of the Commonwealth of the 
                                Northern Mariana Islands and was--
                                            ``(aa) a permanent resident 
                                        (as that term is defined in 
                                        part 5-40.0-201 of the Northern 
                                        Mariana Islands Administrative 
                                        Code);
                                            ``(bb) an immediate 
                                        relative of a citizen (as those 
                                        terms are defined in such part 
                                        5-40.0-201); or
                                            ``(cc) the parent of a 
                                        citizen (as that term is 
                                        defined in such part 5-40.0-
                                        201) who was under 21 years of 
                                        age; and
                                    ``(II) on the transition program 
                                effective date, was lawfully present in 
                                the Commonwealth of the Northern 
                                Mariana Islands or only temporarily 
                                absent from the Commonwealth pursuant 
                                to the immigration laws of the 
                                Commonwealth.
                    ``(C) Special nonimmigrant visa for parents.--
                            ``(i) In general.--An alien parent 
                        described in subparagraph (B)(ii)(cc) is 
                        eligible for a special nonimmigrant visa issued 
                        pursuant to this subparagraph. Such visa 
                        shall--
                                    ``(I) grant the alien all of the 
                                privileges granted to an alien lawfully 
                                admitted for permanent residence, 
                                except that the alien shall reside in 
                                the Commonwealth of the Northern 
                                Mariana Islands; and
                                    ``(II) be valid until the earlier 
                                of--
                                            ``(aa) the date that the 
                                        child of the alien petitions 
                                        for an adjustment of status for 
                                        the alien to that of an alien 
                                        lawfully admitted for permanent 
                                        residence (as that term is 
                                        defined in section 101(a)(20) 
                                        of the Immigration and 
                                        Nationality Act (8 U.S.C. 
                                        1101(a)(20)));
                                            ``(bb) the date that the 
                                        alien ceases to reside in the 
                                        Commonwealth; or
                                            ``(cc) November 28, 2014.
                            ``(ii) Petitions for adjustment of 
                        status.--A child of an alien parent described 
                        in subparagraph (B)(ii)(cc) may petition for an 
                        adjustment of status for the alien parent as 
                        described in clause (i)(II)(aa) during the 
                        period beginning on January 1, 2014, and ending 
                        on November 28, 2014, regardless of the age of 
                        the child.''.
            (2) Construction.--Such paragraph (1), as amended by 
        paragraph (1) of this subsection, is further amended by adding 
        at the end the following:
                    ``(E) Construction.--This paragraph shall be 
                construed to permit an alien who may not be removed 
                212(a)(6)(A) of the Immigration and Nationality Act (8 
                U.S.C. 1182(a)(6)(A)) under subparagraph (A) or (B) of 
                this paragraph to leave the Commonwealth of the 
                Northern Mariana Islands for a temporary absence and 
                return to the Commonwealth pursuant to the entrance 
                permit issued to the alien by the Commonwealth.''.
            (3) Employment authorization.--Paragraph (2) of such 
        section 6(e), is amended--
                    (A) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively, and moving such 
                clauses two ems to the right;
                    (B) by striking ``An alien'' and inserting the 
                following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an alien''; and
                    (C) by adding at the end the following:
                    ``(B) Special rule.--An alien who is described in 
                paragraph (1)(B)(ii) shall be considered authorized by 
                the Secretary of Homeland Security to be employed in 
                the Commonwealth of the Northern Mariana Islands until 
                the date that is 5 years after the transition program 
                effective date.''.
            (4) Registration.--Paragraph 3 of such section 6(e) is 
        amended to read as follows:
            ``(3) Registration.--
                    ``(A) Requirement for registration.--Beginning not 
                later than November 28, 2009, and on an on-going basis, 
                the Secretary of Homeland Security shall require any 
                alien present in the Commonwealth of the Northern 
                Mariana Islands on or after the transition period 
                effective date to register with the Secretary.
                    ``(B) Schedule for initial registration.--The 
                Secretary shall complete the initial registration of 
                all aliens required to register under subparagraph (A) 
                not later than February 1, 2010.
                    ``(C) Inapplicability of prohibition on removal and 
                employment authorization.--Paragraphs (1) and (2) shall 
                not apply to any alien who fails to register as 
                required by this paragraph.
                    ``(D) Cooperation.--Notwithstanding any other 
                provision of law, the Government of the Commonwealth of 
                the Northern Mariana Islands shall provide to the 
                Secretary all Commonwealth immigration records or other 
                information that the Secretary deems necessary to 
                assist in the implementation of this paragraph or other 
                provisions of the Consolidated Natural Resources Act of 
                2008 (Public Law 110-229; 122 Stat. 854) or any 
                amendment made by that Act.
                    ``(E) Construction with the ina.--Nothing in this 
                paragraph may be construed to modify or limit the 
                application of section 262 of the Immigration and 
                Nationality Act (8 U.S.C. 1302) or any other provision 
                of the Immigration and Nationality Act (8 U.S.C. 1101 
                et seq.) relating to the registration of aliens.''.

SEC. 2. ADJUSTMENT OF STATUS FOR PERMANENT RESIDENTS OF THE 
              COMMONWEALTH.

    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'', approved March 24, 1976 (48 U.S.C. 1806(e)), 
as added by section 702 of the Consolidated Natural Resources Act of 
2008 (Public Law 110-229; 122 Stat. 854)) is amended--
            (1) by redesignating subsections (f), (g), and (h), as 
        subsections (g), (h), and (i), respectively; and
            (2) by inserting after subsection (e) the following:
    ``(f) Adjustment of Status for Permanent Residents of the 
Commonwealth.--
            ``(1) Special nonimmigrant visa.--An alien who was, on May 
        8, 2008, described in part 5-40.1-200 of the Administrative 
        Code of the Northern Mariana Islands (as in effect on such 
        date) is eligible for a special nonimmigrant visa issued 
        pursuant to this paragraph. Such visa shall--
                    ``(A) grant the alien all of the privileges granted 
                to an alien lawfully admitted for permanent residence, 
                except that the alien shall reside in the Commonwealth 
                of the Northern Mariana Islands; and
                    ``(B) be valid until the earlier of--
                            ``(i) the date on which the alien adjusts 
                        status under paragraph (2); or
                            ``(ii) the date on which the alien ceases 
                        to reside in the Commonwealth.
            ``(2) Adjustment of status.--An alien is eligible for an 
        adjustment of status to that of an alien lawfully admitted for 
        permanent residence (as that term is defined in section 
        101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(20))), pursuant to this paragraph, if the alien--
                    ``(A) was, on May 8, 2008, described in part 5-
                40.1-200 of the Administrative Code of the Northern 
                Mariana Islands (as in effect on such date); and
                    ``(B) applies for such status during the period 
                beginning on January 1, 2014, and ending on November 
                28, 2014.''.

SEC. 3. NORTHERN MARIANA ISLANDS VISITOR ENTRY PROGRAM TRANSITION.

    (a) In General.--Notwithstanding section 705(b) of the Consolidated 
Natural Resources Act of 2008 (48 U.S.C. 1806(b)), the amendments made 
by section 702(b) of such Act shall take effect on the date that is 180 
days after the transition program effective date described in section 
6(a) of Public Law 94-241 (48 U.S.C. 1806(a)) (as added by section 
702(a) of the Consolidated Natural Resources Act of 2008). In a case in 
which the transition program effective date has been modified under 
paragraph (3) of such section 6(a) before the date of the enactment of 
this Act, such amendments shall take effect on the date that is 180 
days after the modified date.
    (b) Treatment of CNMI Visitor Entry Program.--During the 180-day 
period referred to in subsection (a), the Secretary of Homeland 
Security shall administer the visitor entry program of the Commonwealth 
of the Northern Mariana Islands consistent with the provisions of 
Commonwealth law governing the program that were in effect on the day 
before the commencement of such period.

SEC. 4. FAMILY-BASED IMMIGRATION FEE REDUCTION FOR RESIDENTS OF THE 
              COMMONWEALTH.

    (a) In General.--The Consolidated Natural Resources Act of 2008 
(Public Law 110-229; 122 Stat. 754) is amended by inserting after 
section 703 the following:

``SEC. 703A. FAMILY-BASED IMMIGRATION FEE REDUCTION FOR RESIDENTS OF 
              THE COMMONWEALTH.

    ``(a) Family-Based Immigration Benefit Application and Petition 
Fees.--
            ``(1) In general.--The Secretary of State, the Attorney 
        General, and the Secretary of Homeland Security shall reduce 
        the fees for family-based immigration benefit applications and 
        petitions (including associated fees, such as fees for 
        fingerprinting or supporting documents) collected from 
        residents of the Commonwealth of the Northern Mariana Islands 
        who had immediate relative status pursuant to the immigration 
        laws of the Commonwealth of the Northern Mariana Islands on May 
        8, 2008.
            ``(2) Amount of reduction.--The amount of the reduction 
        shall be established by the Secretary of Homeland Security. It 
        shall be a percentage reduction that is as least as great as 
        the difference (expressed as a percentage) between the average 
        per capita income in the Commonwealth of the Northern Mariana 
        Islands and the average national per capita income in the 
        United States as a whole (as determined according to the most 
        recent data available from the Bureau of the Census).
    ``(b) Requirements for Sponsor's Affidavit of Support.--In the case 
of a resident of the Commonwealth of the Northern Mariana Islands who 
had immediate relative status pursuant to the immigration laws of the 
Commonwealth of the Northern Mariana Islands on May 8, 2008, section 
213A(f)(1)(E) of the Immigration and Nationality Act (8 U.S.C. 
1183a(f)(1)(E)) shall not apply.
    ``(c) Effective Date.--This section shall take effect on the date 
of the enactment of this section and shall cease to be effective on 
December 31, 2014.''.
    (b) Clerical Amendment.--The table of contents for the Consolidated 
Natural Resources Act of 2008 (16 U.S.C. 1 note) is amended by 
inserting after the item relating to section 703 the following:

``703A. Family-based immigration fee reduction for residents of the 
                            Commonwealth.''.

SEC. 5. EFFECTIVE DATES.

    (a) Section 3.--Section 3 shall take effect on the date of the 
enactment of this Act.
    (b) Section 4.--Section 703A of the Consolidated Natural Resources 
Act of 2008, as added by section 4 of this Act, shall be effective in 
accordance with subsection (c) of such section 703A.
    (c) Other Provisions.--Except as provided in subsection (b), the 
amendments made by this Act shall take effect as if included in the 
enactment of subtitle A of title VII of the Consolidated Natural 
Resources Act of 2008.
                                 <all>
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