[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 560 Introduced in House (IH)]
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117th CONGRESS
1st Session
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''.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 28, 2021
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 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Mariana Islands Legal
Residents Relief Act of 2021''.
SEC. 2. LONG-TERM LEGAL RESIDENTS OF THE COMMONWEALTH OF THE NORTHERN
MARIANA ISLANDS.
(a) In General.--Section 6(e)(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; Public Law 94-241), is amended--
(1) in subparagraph (A)--
(A) in clause (ii)--
(i) in subclause (I), by inserting ``(aa)''
before ``shall establish a process'';
(ii) by striking ``; and'' and inserting
``or during the 180-day period beginning on the
date that is 90 days after the date of the
enactment of the Northern Mariana Islands Legal
Residents Relief Act of 2021;'';
(iii) by adding the following:
``(bb) Waiver of application
deadline.--The Secretary of Homeland
Security may accept an application for
CNMI Resident Status submitted after
the application deadline if--
``(AA) the applicant is
eligible for CNMI Resident
Status; and
``(BB) the applicant timely
filed an application for CNMI
Resident Status and made a good
faith effort to comply with the
application requirements as
determined by the Secretary.'';
(iv) in subclause (II), by striking the
period and inserting ``; and''; and
(v) by adding at the end the following:
``(III) in the case of an alien who
has nonimmigrant status on the date on
which the alien applies for CNMI
Resident Status, the Secretary of
Homeland Security shall extend such
nonimmigrant status and work
authorization, if applicable, through
the end of the 180-day period described
in subclause (I)(aa) or the date of
adjudication of the alien's application
for CNMI Resident Status, whichever is
later.''; and
(B) in clause (iii), by inserting after the period
at the end the following: ``An alien granted status
under this paragraph shall be deemed a qualified alien
under section 431 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1641) for purposes of receiving relief or assistance
available in connection with--
``(I) a presidentially declared
major disaster or emergency under
section 401 or 501 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 or
5191); or
``(II) a presidentially declared
national emergency under section 201 of
the National Emergencies Act (50 U.S.C.
1601 et seq.).'';
(2) in subparagraph (B)--
(A) in clause (i), by striking ``on June 25, 2019,
or on December 31, 2018,'' and inserting ``on December
31, 2020, June 25, 2019, or December 31, 2018,'';
(B) in clause (iii), by inserting ``except in the
case of an alien who meets the requirements of
subclause (III) or (VI) of clause (v),'' before
``resided continuously and lawfully''; and
(C) in clause (v)--
(i) in subclause (III), by striking
``subclause (I) or (II)'' and inserting
``subclause (I), (II), (IV), (V), (VI), (VII),
or (VIII)'';
(ii) in subclause (IV), by striking ``;
or'' and inserting a semicolon;
(iii) in subclause (V), by striking the
period at the end and inserting a semicolon;
and
(iv) 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);
``(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)); or
``(VIII) resided in the Northern
Mariana Islands as a guestworker under
Commonwealth immigration law for at
least 5 years prior to May 8, 2008, and
is presently a resident classified as a
Commonwealth Only Transitional
Worker.'';
(3) in subparagraph (C)(ii), by striking ``180-period'' and
inserting ``180-day period''; and
(4) by adding at the end the following:
``(F) Adjustment of status for cnmi residents.--An
alien with CNMI Resident Status may adjust his or her
status to that of an alien lawfully admitted for
permanent residence 5 years after the date of enactment
of the Northern Mariana Islands Legal Residents Relief
Act of 2021 or 5 years after the date on which CNMI
Resident Status is granted, whichever is later.''.
(b) Technical Amendments.--Section 6(b)(1) of Public Law 94-241 (48
U.S.C. 1806(b)(1)) is amended--
(1) in subparagraph (A)--
(A) by striking ``(8 USC 1101(a)(15)(H))'' and
inserting ``(8 U.S.C. 1101(a)(15)(H))''; and
(B) by striking ``(8 USC 1184(g))'' and inserting
``(8 U.S.C. 1184(g))''; and
(2) in subparagraph (B)(i), by striking ``contact'' and
inserting ``contract''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act.
SEC. 3. TEMPORARY LABOR CERTIFICATION.
(a) In General.--Section 6(d)(2) of Public Law 94-241 (48 U.S.C.
1806(d)(2)) is amended in subparagraph (B), by striking ``an annual''
and inserting ``a biennial''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act.
SEC. 4. ADDITIONAL TIME FOR RECEIPT OF VISA.
Section 6(d)(3)(D)(iii) of Public Law 94-241 (48 U.S.C.
1806(d)(3)(D)(iii)) is amended in subclause (I)(bb) by striking ``10
days'' and inserting ``90 days''.
SEC. 5. AMENDMENTS TO THE REQUIREMENT TO REMAIN OUTSIDE THE UNITED
STATES.
(a) In General.--Section 6(d)(7) of Public Law 94-241 (48 U.S.C.
1806(d)(7)) is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by
inserting ``and (C)'' after ``subparagraph (B)''; and
(B) in clause (ii)--
(i) by inserting ``at any time after the
expiration of the first renewal period'' after
``30 days''; and
(ii) by inserting ``third'' after
``submission of a''; and
(2) by adding at the end the following:
``(C) Deferral.--In general.--The Secretary of
Homeland Security may defer the requirement to remain
outside of the United States during or in connection
to--
``(i) a presidentially declared major
disaster or emergency under section 401 or 501
of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 or
5191); or
``(ii) a presidentially declared national
emergency under section 201 of the National
Emergencies Act (50 U.S.C. 1601 et seq.).''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of Public Law 115-218.
SEC. 6. QUALIFIED ALIEN.
(a) In General.--Section 6(d) of Public Law 94-241 (48 U.S.C.
1806(d)) is further amended by adding at the end the following:
``(8) Qualified alien.--An alien granted status under this
subsection shall be deemed a qualified alien under section 431
of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1641) for purposes of
receiving relief or assistance available in connection with--
``(A) a presidentially declared major disaster or
emergency under section 401 or 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170 or 5191); or
``(B) a presidentially declared national emergency
under section 201 of the National Emergencies Act (50
U.S.C. 1601 et seq.).''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of enactment of this Act.
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