I 
114TH CONGRESS 
2D SESSION 
H. R. 5888 
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’’. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 14, 2016 
Mr. SABLAN introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
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’’. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ENSURING AN ADEQUATE WORKFORCE FOR 
THE COMMONWEALTH. 
(a) TRANSITION PERIOD.—Section 6 of the Joint 
Resolution entitled ‘‘A Joint Resolution to approve the 
Covenant To Establish a Commonwealth of the Northern 
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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 subsection (a)— 
(A) in paragraph (2), by striking ‘‘2019’’ 
and inserting ‘‘2029’’; and 
(B) by striking paragraph (6), and insert-
ing the following: 
‘‘(6) CERTAIN EDUCATION FUNDING.— 
‘‘(A) IN
GENERAL.—In addition to fees 
charged pursuant to section 286(m) of the Im-
migration and Nationality Act (8 U.S.C. 
1356(m)) to recover the full costs of providing 
adjudication services, the Secretary of Home-
land Security shall charge an annual supple-
mental fee of $150 per temporary worker to 
each prospective employer who is issued a per-
mit under subsection (d) of this section during 
the transition program. Such supplemental fee 
shall be paid into the Treasury of the Common-
wealth government for the purpose of funding 
ongoing vocational educational curricula and 
program development by Commonwealth edu-
cational entities. 
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‘‘(B) PLAN
FOR
THE
EXPENDITURE
OF 
FUNDS.—At the beginning of each fiscal year, 
and prior to the payment of the supplemental 
fee into the Treasury of the Commonwealth 
government in that fiscal year, the Common-
wealth government must provide to the Sec-
retary of Labor, a plan for the expenditure of 
funds received under this paragraph, a projec-
tion of the effectiveness of these expenditures in 
the placement of United States workers into 
jobs, and a report on the changes in employ-
ment of United States workers attributable to 
prior year expenditures. 
‘‘(C) REPORT.—The Secretary of Labor 
shall report to the Congress every 2 years on 
the effectiveness of meeting the goals set out by 
the Commonwealth government in its annual 
plan for the expenditure of funds.’’; 
(2) in subsection (d)— 
(A) in paragraph (2)— 
(i) by striking the third sentence and 
inserting the following: ‘‘This system shall 
provide, during the transition period or 
any extension thereof, for a reduction in 
the allocation of permits for such workers 
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on an annual basis to zero unless the Sec-
retary determines that a reduction in the 
number of available workers for a fiscal 
year would adversely affect the Common-
wealth’s economy. Such a determination 
shall be based upon verifiable documenta-
tion of the economic harm that would re-
sult from a reduction in available workers. 
Under such conditions, the Secretary may 
decide to make no change to or to increase 
the number of available workers for that 
fiscal year.’’; and 
(ii) by adding at the end the fol-
lowing: ‘‘At no time may the number of 
permits in effect and valid under this para-
graph exceed 18,000.’’; 
(B) in paragraph (3)— 
(i) by striking ‘‘(3)’’ and inserting 
‘‘(3)(A)’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(B) No alien may be admitted or provided 
CW–1 status in an occupational classification 
unless the employer has filed with the Secretary 
of Labor an application stating that the em-
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ployer is offering and will offer, during the pe-
riod of authorized employment, to aliens admit-
ted or provided CW–1 status— 
‘‘(i) wages that are at least the actual 
wage level paid by the employer to all 
other individuals with similar experience 
and qualifications for the specific employ-
ment in question; 
‘‘(ii) wages that are at least the pre-
vailing wage level for the occupational clas-
sification in the area of employment; or 
‘‘(iii) for job classifications without a 
certified prevailing wage, wages equal to or 
greater than the mean wage of the 3 low-
est wages within the Commonwealth’s pre-
vailing wage system.’’; and 
(C) by adding at the end the following: 
‘‘(6)(A) Not later than April 30, 2027, the Sec-
retary of Labor, in consultation with the Secretary 
of Homeland Security, the Secretary of Defense, the 
Secretary of the Interior, and the Governor of the 
Commonwealth, shall ascertain the current and an-
ticipated labor needs of the Commonwealth and de-
termine whether an extension of up to 5 years of the 
provisions of this subsection is necessary to ensure 
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an adequate number of workers will be available for 
legitimate businesses in the Commonwealth. If the 
Secretary of Labor determines that such an exten-
sion is necessary, the Secretary of Labor shall pro-
vide for it through a notice published in the Federal 
Register containing such determination. 
‘‘(B) For the purpose of this paragraph, a busi-
ness shall not be considered legitimate if it engages 
directly or indirectly in prostitution, trafficking in 
minors, or any other activity that is illegal under 
Federal or local law. The determinations of whether 
a business is legitimate and to what extent, if any, 
it may require alien workers to supplement the resi-
dent workforce, shall be made by the Secretary of 
Homeland Security, in the Secretary’s sole discre-
tion. 
‘‘(C) In making the determination of whether 
alien workers are necessary to ensure an adequate 
number of workers for legitimate businesses in the 
Commonwealth, and if so, the number of such work-
ers that are necessary, the Secretary of Labor may 
consider, among other relevant factors— 
‘‘(i) government, industry, or independent 
workforce studies reporting on the need, or lack 
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thereof, for alien workers in the Common-
wealth’s businesses; 
‘‘(ii) the unemployment rate of United 
States citizen workers residing in the Common-
wealth; 
‘‘(iii) the unemployment rate of aliens in 
the Commonwealth who have been lawfully ad-
mitted for permanent residence; 
‘‘(iv) the number of unemployed alien 
workers in the Commonwealth; 
‘‘(v) any good faith efforts to locate, edu-
cate, train, or otherwise prepare United States 
citizen residents, lawful permanent residents, 
and unemployed alien workers already within 
the Commonwealth, to assume those jobs; 
‘‘(vi) any available evidence tending to 
show that United States citizen residents, law-
ful permanent residents, and unemployed alien 
workers already in the Commonwealth are not 
willing to accept jobs of the type offered; 
‘‘(vii) the extent to which admittance of 
alien workers will affect the compensation, ben-
efits, and living standards of existing workers 
within those industries and other industries au-
thorized to employ alien workers; and 
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‘‘(viii) the prior use, if any, of alien work-
ers to fill those industry jobs, and whether the 
industry requires alien workers to fill those 
jobs. 
‘‘(D) The Secretary of Labor periodically shall 
provide to the Committee on Energy and Natural 
Resources and the Committee on the Judiciary of 
the Senate, the Committee on Natural Resources 
and the Committee on the Judiciary of the House of 
Representatives, and the Delegate to the United 
States House of Representatives from the Northern 
Mariana Islands an outline of the Secretary’s sched-
ule and process for making determinations under 
this paragraph.’’; and 
(3) in subsection (e), by adding at the end the 
following: 
‘‘(6) SPECIAL
PROVISION
REGARDING
LONG- 
TERM RESIDENTS OF THE COMMONWEALTH.— 
‘‘(A) CNMI-ONLY
RESIDENT
STATUS.— 
Notwithstanding paragraph (1), an alien de-
scribed in subparagraph (B) may, upon the ap-
plication of the alien, be admitted as an immi-
grant to the Commonwealth subject to the fol-
lowing rules: 
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‘‘(i) The alien shall be treated as an 
immigrant lawfully admitted for permanent 
residence in the Commonwealth only, in-
cluding permitting entry to and exit from 
the Commonwealth, until the earlier of the 
date on which— 
‘‘(I) the alien ceases to perma-
nently reside in the Commonwealth; 
or 
‘‘(II) the alien’s status is ad-
justed under this paragraph or section 
245 of the Immigration and Nation-
ality Act (8 U.S.C. 1255) to that of 
an alien lawfully admitted for perma-
nent residence in accordance with all 
applicable eligibility requirements. 
‘‘(ii) The Secretary of Homeland Se-
curity shall establish a process for such 
aliens to apply for CNMI-only permanent 
resident status during the 90-day period 
beginning on the first day of the sixth 
month after the date of the enactment of 
this paragraph. 
‘‘(iii) Nothing in this subparagraph 
may be construed to provide any alien 
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granted status under this subparagraph 
with public assistance to which the alien is 
not otherwise entitled. 
‘‘(B) ALIENS DESCRIBED.—An alien is de-
scribed in this subparagraph if the alien— 
‘‘(i) is lawfully present in the Com-
monwealth under the immigration laws of 
the United States; 
‘‘(ii) is otherwise admissible to the 
United States under the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.); 
‘‘(iii) resided continuously and law-
fully in the Commonwealth from November 
28, 2009, through the date of the enact-
ment 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)(I) was born in the Northern 
Mariana Islands between January 1, 1974, 
and January 9, 1978; 
‘‘(II) was, on May 8, 2008, and con-
tinues to be as of the date of the enact-
ment of this paragraph, a permanent resi-
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dent (as defined in section 4303 of title 3 
of the Northern Mariana Islands Common-
wealth Code, in effect on May 8, 2008); 
‘‘(III) is the spouse or child (as de-
fined in section 101(b)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 
1101(b)(1))), of an alien described in sub-
clauses (I) or (II); 
‘‘(IV) was, on May 8, 2008, an imme-
diate relative (as defined in section 4303 of 
title 3 of the Northern Mariana Islands 
Commonwealth Code, in effect on May 8, 
2008), of a United States citizen, notwith-
standing the age of the United States cit-
izen, and continues to be such an imme-
diate relative on the date of the application 
described in subparagraph (A); 
‘‘(V) resided in the Northern Mariana 
Islands as a guest worker under Common-
wealth immigration law for at least 5 years 
before May 8, 2008, and is presently resi-
dent under CW–1 status; or 
‘‘(VI) is the spouse or child (as de-
fined in section 101(b)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 
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1101(b)(1))), of the alien guest worker de-
scribed in subclause (V) and is presently 
resident under CW–2 status. 
‘‘(C) ADJUSTMENT FOR LONG-TERM AND 
PERMANENT
RESIDENTS.—Beginning on the 
date that is 5 years after the date of the enact-
ment of this paragraph, an alien described in 
subparagraph (B) may apply to receive an im-
migrant visa or to adjust his or her status to 
that of an alien lawfully admitted for perma-
nent residence.’’. 
(b) ADDITIONAL REPORTS.—Section 702 of the Con-
solidated Natural Resources Act of 2008 (Public Law 
110–229; 122 Stat. 854) is amended— 
(1) by redesignating subsections (i), (j), and (k) 
as subsections (j), (k), and (l); and 
(2) by inserting after subsection (h) the fol-
lowing: 
‘‘(i) ADDITIONAL REPORTS.— 
‘‘(1) IN GENERAL.—The Comptroller General of 
the United States shall submit a report to the Con-
gress not later than 2 years after the date of the en-
actment of this subsection, and, beginning on April 
30, 2019, every 4 years until the end of the transi-
tion program established under section 6 of the 
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Joint Resolution entitled ‘A Joint Resolution to ap-
prove 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 (Public Law 
94–241; 90 Stat. 263, 122 Stat. 854), as added by 
subsection (a). The report shall include, at a min-
imum, the following items: 
‘‘(A) An assessment of the short-term and 
long-term impacts of the amendments made by 
this subtitle on the economy of the Common-
wealth, including its ability to obtain workers to 
supplement its resident workforce and to main-
tain access to its tourists and customers. 
‘‘(B) An analysis of the labor needs of the 
Commonwealth and of efforts by the Common-
wealth government and business to recruit, edu-
cate, and train United States citizens and na-
tionals, aliens lawfully admitted to the United 
States for permanent residence, and citizens of 
one of the Freely Associated States admitted 
under the Compacts of Free Association with 
the United States and residing in the Common-
wealth of the Northern Mariana Islands, to re-
place the temporary workforce. 
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‘‘(2) DATA COLLECTION.—To assist the Com-
monwealth’s efforts to train United States citizens 
and nationals, aliens lawfully admitted to the United 
States for permanent residence, and citizens of one 
of the Freely Associated States admitted under the 
Compacts of Free Association with the United 
States and residing in the Commonwealth of the 
Northern Mariana Islands, to replace temporary 
workers, and to assist the Secretary of Labor’s anal-
ysis of whether the transition program referred to in 
paragraph (1) should be extended— 
‘‘(A) the Secretary of Homeland Security 
shall report to the Congress, not later than 90 
days after the end of each fiscal year of the 
program, the number of permits approved, by 
occupation, industry, and country of citizenship, 
for employment of aliens seeking to enter the 
Commonwealth as a temporary worker; and 
‘‘(B) the Bureau of Labor Statistics of the 
Department of Labor shall collect data on un-
employment, employment, pay, and benefits in 
the Commonwealth of the Northern Mariana Is-
lands beginning with the first fiscal year after 
the date of the enactment of this subsection.’’. 
Æ 
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