I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. IMMIGRATION STATUS, EMPLOYMENT AUTHOR4 IZATION, AND REGISTRATION OF ALIENS IN 

5 THE COMMONWEALTH OF THE NORTHERN 

6 MARIANA ISLANDS. 

7 (a) IMMIGRATION STATUS.— 


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1 (1) SPECIAL RULE.—Paragraph (1) of section 

2 6(e) of the Joint Resolution entitled ‘‘A Joint Reso3 lution to approve the ‘Covenant To Establish a Com4 monwealth of the Northern Mariana Islands in Po5 litical Union with the United States of America’, 

6 and for other purposes’’, approved March 24, 1976 

7 (48 U.S.C. 1806(e)), as added by section 702 of the 

8 Consolidated Natural Resources Act of 2008 (Public 

9 Law 110–229; 122 Stat. 854)), is amended— 

10 (A) in subparagraph (A), by striking ‘‘sub11 paragraph (B),’’ and adding ‘‘subparagraphs 

12 (B) and (C),’’; 

13 (B) by redesignating subparagraph (B) as 

14 subparagraph (D); and 

15 (C) by inserting after subparagraph (A) 

16 the following: 

17 ‘‘(B) SPECIAL RULE.— 

18 ‘‘(i) IN GENERAL.—Except as pro19 vided in subparagraph (D), no alien who is 

20 described in clause (ii) may be removed 

21 from the United States on the grounds 

22 that such alien’s presence in the Common23 wealth of the Northern Mariana Islands is 

24 in violation of section 212(a)(6)(A) of the 

25 Immigration and Nationality Act (8 U.S.C. 


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1 1182(a)(6)(A)), prior to the date that is 5 

2 years after the transition program effective 

3 date. 

4 ‘‘(ii) ALIEN DESCRIBED.—An alien 

5 described in this clause is an alien who— 

6 ‘‘(I) on May 8, 2008, was a resi7 dent of the Commonwealth of the 

8 Northern Mariana Islands and was— 

9 ‘‘(aa) a permanent resident 

10 (as that term is defined in part 

11 5–40.0–201 of the Northern 

12 Mariana Islands Administrative 

13 Code); 

14 ‘‘(bb) an immediate relative 

15 of a citizen (as those terms are 

16 defined in such part 5–40.0– 

17 201); or 

18 ‘‘(cc) the parent of a citizen 

19 (as that term is defined in such 

20 part 5–40.0–201) who was under 

21 21 years of age; and 

22 ‘‘(II) on the transition program 

23 effective date, was lawfully present in 

24 the Commonwealth of the Northern 

25 Mariana Islands or only temporarily 


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1 absent from the Commonwealth pur2 suant to the immigration laws of the 

3 Commonwealth. 

4 ‘‘(C) SPECIAL NONIMMIGRANT VISA FOR

5 PARENTS.— 

6 ‘‘(i) IN GENERAL.—An alien parent 

7 described in subparagraph (B)(ii)(cc) is eli8 gible for a special nonimmigrant visa 

9 issued pursuant to this subparagraph. 

10 Such visa shall— 

11 ‘‘(I) grant the alien all of the 

12 privileges granted to an alien lawfully 

13 admitted for permanent residence, ex14 cept that the alien shall reside in the 

15 Commonwealth of the Northern Mar16 iana Islands; and 

17 ‘‘(II) be valid until the earlier 

18 of— 

19 ‘‘(aa) the date that the child 

20 of the alien petitions for an ad21 justment of status for the alien 

22 to that of an alien lawfully ad23 mitted for permanent residence 

24 (as that term is defined in sec25 tion 101(a)(20) of the ImmigraVerDate Nov 24 2008 02:20 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3658.IH H3658

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1 tion and Nationality Act (8 

2 U.S.C. 1101(a)(20))); 

3 ‘‘(bb) the date that the alien 

4 ceases to reside in the Common5 wealth; or 

6 ‘‘(cc) November 28, 2014. 

7 ‘‘(ii) PETITIONS FOR ADJUSTMENT OF

8 STATUS.—A child of an alien parent de9 scribed in subparagraph (B)(ii)(cc) may 

10 petition for an adjustment of status for the 

11 alien parent as described in clause 

12 (i)(II)(aa) during the period beginning on 

13 January 1, 2014, and ending on November 

14 28, 2014, regardless of the age of the 

15 child.’’. 

16 (2) CONSTRUCTION.—Such paragraph (1), as 

17 amended by paragraph (1) of this subsection, is fur18 ther amended by adding at the end the following: 

19 ‘‘(E) CONSTRUCTION.—This paragraph 

20 shall be construed to permit an alien who may 

21 not be removed 212(a)(6)(A) of the Immigra22 tion and Nationality Act (8 U.S.C. 

23 1182(a)(6)(A)) under subparagraph (A) or (B) 

24 of this paragraph to leave the Commonwealth of 

25 the Northern Mariana Islands for a temporary 


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1 absence and return to the Commonwealth pur2 suant to the entrance permit issued to the alien 

3 by the Commonwealth.’’. 

4 (3) EMPLOYMENT AUTHORIZATION.—Para5 graph (2) of such section 6(e), is amended— 

6 (A) by redesignating subparagraphs (A) 

7 and (B) as clauses (i) and (ii), respectively, and 

8 moving such clauses two ems to the right; 

9 (B) by striking ‘‘An alien’’ and inserting 

10 the following: 

11 ‘‘(A) IN GENERAL.—Except as provided in 

12 subparagraph (B), an alien’’; and 

13 (C) by adding at the end the following: 

14 ‘‘(B) SPECIAL RULE.—An alien who is de15 scribed in paragraph (1)(B)(ii) shall be consid16 ered authorized by the Secretary of Homeland 

17 Security to be employed in the Commonwealth 

18 of the Northern Mariana Islands until the date 

19 that is 5 years after the transition program ef20 fective date.’’. 

21 (4) REGISTRATION.—Paragraph 3 of such sec22 tion 6(e) is amended to read as follows: 

23 ‘‘(3) REGISTRATION.— 

24 ‘‘(A) REQUIREMENT FOR REGISTRATION.— 

25 Beginning not later than November 28, 2009, 


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1 and on an on-going basis, the Secretary of 

2 Homeland Security shall require any alien 

3 present in the Commonwealth of the Northern 

4 Mariana Islands on or after the transition pe5 riod effective date to register with the Sec6 retary. 

7 ‘‘(B) SCHEDULE FOR INITIAL REGISTRA8 TION.—The Secretary shall complete the initial 

9 registration of all aliens required to register 

10 under subparagraph (A) not later than Feb11 ruary 1, 2010. 

12 ‘‘(C) INAPPLICABILITY OF PROHIBITION

13 ON REMOVAL AND EMPLOYMENT AUTHORIZA14 TION.—Paragraphs (1) and (2) shall not apply 

15 to any alien who fails to register as required by 

16 this paragraph. 

17 ‘‘(D) COOPERATION.—Notwithstanding 

18 any other provision of law, the Government of 

19 the Commonwealth of the Northern Mariana Is20 lands shall provide to the Secretary all Com21 monwealth immigration records or other infor22 mation that the Secretary deems necessary to 

23 assist in the implementation of this paragraph 

24 or other provisions of the Consolidated Natural 

25 Resources Act of 2008 (Public Law 110–229; 


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1 122 Stat. 854) or any amendment made by that 

2 Act. 

3 ‘‘(E) CONSTRUCTION WITH THE INA.— 

4 Nothing in this paragraph may be construed to 

5 modify or limit the application of section 262 of 

6 the Immigration and Nationality Act (8 U.S.C. 

7 1302) or any other provision of the Immigra8 tion and Nationality Act (8 U.S.C. 1101 et 

9 seq.) relating to the registration of aliens.’’. 

10 SEC. 2. ADJUSTMENT OF STATUS FOR PERMANENT RESI11 DENTS OF THE COMMONWEALTH. 

12 Section 6 of the Joint Resolution entitled ‘‘A Joint 

13 Resolution to approve the ‘Covenant To Establish a Com14 monwealth of the Northern Mariana Islands in Political 

15 Union with the United States of America’, and for other 

16 purposes’’, approved March 24, 1976 (48 U.S.C. 1806(e)), 

17 as added by section 702 of the Consolidated Natural Re18 sources Act of 2008 (Public Law 110–229; 122 Stat. 

19 854)) is amended— 

20 (1) by redesignating subsections (f), (g), and 

21 (h), as subsections (g), (h), and (i), respectively; and 

22 (2) by inserting after subsection (e) the fol23 lowing: 

24 ‘‘(f) ADJUSTMENT OF STATUS FOR PERMANENT

25 RESIDENTS OF THE COMMONWEALTH.— 


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1 ‘‘(1) SPECIAL NONIMMIGRANT VISA.—An alien 

2 who was, on May 8, 2008, described in part 5–40.1– 

3 200 of the Administrative Code of the Northern 

4 Mariana Islands (as in effect on such date) is eligi5 ble for a special nonimmigrant visa issued pursuant 

6 to this paragraph. Such visa shall— 

7 ‘‘(A) grant the alien all of the privileges 

8 granted to an alien lawfully admitted for per9 manent residence, except that the alien shall re10 side in the Commonwealth of the Northern 

11 Mariana Islands; and 

12 ‘‘(B) be valid until the earlier of— 

13 ‘‘(i) the date on which the alien ad14 justs status under paragraph (2); or 

15 ‘‘(ii) the date on which the alien 

16 ceases to reside in the Commonwealth. 

17 ‘‘(2) ADJUSTMENT OF STATUS.—An alien is eli18 gible for an adjustment of status to that of an alien 

19 lawfully admitted for permanent residence (as that 

20 term is defined in section 101(a)(20) of the Immi21 gration and Nationality Act (8 U.S.C. 

22 1101(a)(20))), pursuant to this paragraph, if the 

23 alien— 

24 ‘‘(A) was, on May 8, 2008, described in 

25 part 5–40.1–200 of the Administrative Code of 


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1 the Northern Mariana Islands (as in effect on 

2 such date); and 

3 ‘‘(B) applies for such status during the pe4 riod beginning on January 1, 2014, and ending 

5 on November 28, 2014.’’. 

6 SEC. 3. NORTHERN MARIANA ISLANDS VISITOR ENTRY 

7 PROGRAM TRANSITION. 

8 (a) IN GENERAL.—Notwithstanding section 705(b) 

9 of the Consolidated Natural Resources Act of 2008 (48 

10 U.S.C. 1806(b)), the amendments made by section 702(b) 

11 of such Act shall take effect on the date that is 180 days 

12 after the transition program effective date described in 

13 section 6(a) of Public Law 94–241 (48 U.S.C. 1806(a)) 

14 (as added by section 702(a) of the Consolidated Natural 

15 Resources Act of 2008). In a case in which the transition 

16 program effective date has been modified under paragraph 

17 (3) of such section 6(a) before the date of the enactment 

18 of this Act, such amendments shall take effect on the date 

19 that is 180 days after the modified date. 

20 (b) TREATMENT OF CNMI VISITOR ENTRY PRO21 GRAM.—During the 180-day period referred to in sub22 section (a), the Secretary of Homeland Security shall ad23 minister the visitor entry program of the Commonwealth 

24 of the Northern Mariana Islands consistent with the provi25 sions of Commonwealth law governing the program that 


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1 were in effect on the day before the commencement of 

2 such period. 

3 SEC. 4. FAMILY-BASED IMMIGRATION FEE REDUCTION FOR 

4 RESIDENTS OF THE COMMONWEALTH. 

5 (a) IN GENERAL.—The Consolidated Natural Re6 sources Act of 2008 (Public Law 110–229; 122 Stat. 754) 

7 is amended by inserting after section 703 the following: 

8 ‘‘SEC. 703A. FAMILY-BASED IMMIGRATION FEE REDUCTION 

9 FOR RESIDENTS OF THE COMMONWEALTH. 

10 ‘‘(a) FAMILY-BASED IMMIGRATION BENEFIT APPLI11 CATION AND PETITION FEES.— 

12 ‘‘(1) IN GENERAL.—The Secretary of State, the 

13 Attorney General, and the Secretary of Homeland 

14 Security shall reduce the fees for family-based immi15 gration benefit applications and petitions (including 

16 associated fees, such as fees for fingerprinting or 

17 supporting documents) collected from residents of 

18 the Commonwealth of the Northern Mariana Islands 

19 who had immediate relative status pursuant to the 

20 immigration laws of the Commonwealth of the 

21 Northern Mariana Islands on May 8, 2008. 

22 ‘‘(2) AMOUNT OF REDUCTION.—The amount of 

23 the reduction shall be established by the Secretary of 

24 Homeland Security. It shall be a percentage reduc25 tion that is as least as great as the difference (exVerDate Nov 24 2008 02:20 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3658.IH H3658

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1 pressed as a percentage) between the average per 

2 capita income in the Commonwealth of the Northern 

3 Mariana Islands and the average national per capita 

4 income in the United States as a whole (as deter5 mined according to the most recent data available 

6 from the Bureau of the Census). 

7 ‘‘(b) REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF

8 SUPPORT.—In the case of a resident of the Common9 wealth of the Northern Mariana Islands who had imme10 diate relative status pursuant to the immigration laws of 

11 the Commonwealth of the Northern Mariana Islands on 

12 May 8, 2008, section 213A(f)(1)(E) of the Immigration 

13 and Nationality Act (8 U.S.C. 1183a(f)(1)(E)) shall not 

14 apply. 

15 ‘‘(c) EFFECTIVE DATE.—This section shall take ef16 fect on the date of the enactment of this section and shall 

17 cease to be effective on December 31, 2014.’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents 

19 for the Consolidated Natural Resources Act of 2008 (16 

20 U.S.C. 1 note) is amended by inserting after the item re21 lating to section 703 the following: 

‘‘703A. Family-based immigration fee reduction for residents of the Commonwealth.’’. 

22 SEC. 5. EFFECTIVE DATES. 

23 (a) SECTION 3.—Section 3 shall take effect on the 

24 date of the enactment of this Act. 


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1 (b) SECTION 4.—Section 703A of the Consolidated 

2 Natural Resources Act of 2008, as added by section 4 of 

3 this Act, shall be effective in accordance with subsection 

4 (c) of such section 703A. 

5 (c) OTHER PROVISIONS.—Except as provided in sub6 section (b), the amendments made by this Act shall take 

7 effect as if included in the enactment of subtitle A of title 

8 VII of the Consolidated Natural Resources Act of 2008. 

Æ 


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