[House Report 113-698]
[From the U.S. Government Publishing Office]


113th Congress  }                                    {    Rept. 113-698
                        HOUSE OF REPRESENTATIVES
 2d Session     }                                    {           Part 1

======================================================================



 
TO AMEND PUBLIC LAW 94-241 WITH RESPECT TO THE NORTHERN MARIANA ISLANDS

                                _______
                                

 December 22, 2014.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4296]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4296) to amend Public Law 94-241 with respect to 
the Northern Mariana Islands, 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. AMENDMENTS.

  Section 6 of Public Law 94-241 (90 Stat. 263; 122 Stat. 854) is 
amended--
          (1) in subsection (a)(2), by striking ``December 31, 2014, 
        except as provided in subsections (b) and (d)'' and inserting 
        ``December 31, 2019''; and
          (2) in subsection (d)--
                  (A) in the third sentence of paragraph (2), by 
                striking ``not to extend beyond December 31, 2014, 
                unless extended pursuant to paragraph 5 of this 
                subsection'' and inserting ``ending on December 31, 
                2019'';
                  (B) by striking paragraph (5); and
                  (C) by redesignating paragraph (6) as paragraph (5).

                          Purpose of the Bill

    The purpose of H.R. 4296 is to amend Public Law 94-241 with 
respect to the Northern Mariana Islands.

                  Background and Need for Legislation

    H.R. 4296 amends Public Law 94-241, the Covenant to 
Establish a Commonwealth of the Northern Mariana Islands in 
Political Union with the United States, to extend for another 
five years the transition period that authorizes the Department 
of Homeland Security to issue Commonwealth of Northern Mariana 
Island (CNMI)-only foreign worker permits. The permits are 
issued to industries in the CNMI that apply and pay a fee to 
use foreign workers. Under the permits, foreign workers can 
only work in the CNMI, not anywhere else in the U.S. The bill 
would also continue, during the five year period, provisions in 
law that were tied to the existing transition period, 
specifically: prohibition on asylum claims in the CNMI; 
exclusion of Guam and the CNMI from the national H visa caps; 
and continued authority for CNMI-only nonimmigrant investors.
    The Covenant to Establish a 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. 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. It 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.
    Public Law 110-229, the Consolidated Natural Resources Act, 
was enacted in 2008. Title VII of the Act amended the Public 
Law 94-241 to create a new section 6, Immigration and 
Transition. It created a transition period of five years (2009-
2014) to allow the CNMI to reduce its dependence on foreign 
workers to zero, among other things. The Secretary of Homeland 
Security is authorized to determine the number of foreign 
workers and the terms and conditions for permits. The Secretary 
authorized 15,000 foreign worker permits in 2013 and 14,000 
permits in 2014. In 2009, the CNMI was dependent on roughly 
22,000 foreign workers. The actual number of foreign workers 
covered by approved permits issued by the Secretary of Homeland 
Security was 10,071 in 2013, and to date 4,052 in 2014, with 
permits still being processed. The Secretary of State then 
issues nonimmigrant visas to workers for access to the CNMI 
only. The law requires the Secretary of Homeland Security to 
charge businesses applying for foreign workers a permit fee of 
$150. The fee goes into a fund that requires the CNMI to 
educate and train U.S. citizens in the CNMI. The goal of the 
training and education is to have U.S. workers replace foreign 
workers.
    Under Public Law 110-229, the Secretary of Labor (in 
consultation with the Secretaries of Homeland Security, State, 
Defense, and the Interior, and the CNMI Governor) determines if 
the CNMI-only foreign worker program should be extended for 
another five years. The Secretary of Labor is required to make 
the determination 180 days prior to the expiration date of the 
transition period, which is July 4, 2014. Both CNMI Delegate 
Gregorio Sablan (D-MP) and CNMI Governor Inos sent letters 
requesting the Secretary of Labor extend the program due to the 
impact the loss of foreign workers would have on the CNMI 
economy. The Secretary of Labor made the determination to 
extend the transition period to December 31, 2019, on May 27, 
2014.
    Section 6 of the Covenant also allows the Secretary of 
Labor to extend the transition period for foreign worker 
permits beyond 2014 and provides authority for future 
extensions, based on the foreign worker needs of businesses in 
the CNMI. The following provisions--prohibition on asylum 
claims, exclusion of Guam and the CNMI from the national H visa 
caps, and allowance of CNMI-only nonimmigrant investors--which 
were in effect during the first five-year transition period 
under Public Law 110-229, would not be in effect after December 
31, 2014. These provisions cannot be extended administratively 
and need legislation.
    H.R. 4296 would allow for a five-year extension (2015-2019) 
and terminate the authority for future extensions. The bill, to 
be consistent with the existing transition period, would extend 
the asylum, H visa, and CNMI-only nonimmigrant investor 
provisions that would expire on December 31, 2014, and 
terminate them with the end of the transition period on 
December 31, 2019.
    During Full Committee markup of the bill, the Committee 
adopted an amendment offered by Delegate Sablan to clarify that 
the bill is amending section 6 of Public Law 94-241.

                            Committee Action

    H.R. 4296 was introduced on March 25, 2014, by Delegate 
Gregorio Sablan (D-MP). The bill was referred to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on Fisheries, Wildlife, Oceans, and Insular 
Affairs. The bill was also referred to the Committee on the 
Judiciary. On April 29, 2014, the Subcommittee on Fisheries, 
Wildlife, Oceans, and Insular Affairs held a hearing on the 
bill. On May 29, 2014, the Natural Resources Committee met to 
consider the bill. The Subcommittee on Fisheries, Wildlife, 
Oceans, and Insular Affairs was discharged by unanimous 
consent. Delegate Sablan offered an amendment designated .075; 
the amendment was adopted by unanimous consent. No further 
amendments were offered and the bill, as amended, was then 
adopted and ordered favorably reported to the House of 
Representatives by unanimous consent.

            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

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
requested but not received a cost estimate for this bill from 
the Director of the Congressional Budget Office. The Committee 
believes that enactment of this bill will not have a 
significant effect on the federal budget.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend Public Law 94-241 with 
respect to the Northern Mariana Islands.

                           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.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         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, existing law in which no change is 
proposed is shown in roman):

                     SECTION 6 OF PUBLIC LAW 94-241


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, 2014, except as 
        provided in subsections (b) and (d)] December 31, 2019, 
        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) Certain education funding.--In addition to fees 
        charged pursuant to section 286(m) of the Immigration 
        and Nationality Act (8 U.S.C. 1356(m)) to recover the 
        full costs of providing adjudication services, the 
        Secretary of Homeland Security shall charge an annual 
        supplemental fee of $150 per nonimmigrant worker to 
        each prospective employer who is issued a permit under 
        subsection (d) of this section during the transition 
        period. Such supplemental fee shall be paid into the 
        Treasury of the Commonwealth government for the purpose 
        of funding ongoing vocational educational curricula and 
        program development by Commonwealth educational 
        entities.
          (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.--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 U.S.C. 1101(a)(15)(H)) 
without counting against the numerical limitations set forth in 
section 214(g) of such Act (8 U.S.C. 1184(g)). This subsection 
does not apply to any employment to be performed outside of 
Guam or the Commonwealth. Not later than 3 years following the 
transition program effective date, the Secretary of Homeland 
Security shall issue a report to the Committee on Energy and 
Natural Resources and the Committee on the Judiciary of the 
Senate and the Committee on Natural Resources and the Committee 
on the Judiciary of the House of Representatives projecting the 
number of asylum claims the Secretary anticipates following the 
termination of the transition period, the efforts the Secretary 
has made to ensure appropriate interdiction efforts, provide 
for appropriate treatment of asylum seekers, and prepare to 
accept and adjudicate asylum claims in the Commonwealth.
  (c) 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) 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) The Secretary of Homeland Security shall 
        establish, administer, and enforce a system for 
        allocating and determining the number, terms, and 
        conditions of permits to be issued to prospective 
        employers for each such 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.). In adopting and enforcing this 
        system, the Secretary shall also consider, in good 
        faith and not later than 30 days after receipt by the 
        Secretary, any comments and advice submitted by the 
        Governor of the Commonwealth. This system shall provide 
        for a reduction in the allocation of permits for such 
        workers on an annual basisto zero, during a period[ not 
        to extend beyond December 31, 2014, unless extended 
        pursuant to paragraph 5 of this subsection] December 
        31, 2019. In no event shall a permit be valid beyond 
        the expiration of the transition period. This system 
        may be based on any reasonable method and criteria 
        determined by the Secretary of Homeland Security to 
        promote the maximum use of, and to prevent adverse 
        effects on wages and working conditions of, workers 
        authorized to be employed in the United States, 
        including lawfully admissible freely associated state 
        citizen labor. No alien shall be granted nonimmigrant 
        classification or a visa under this subsection unless 
        the permit requirements established under this 
        paragraph have been met.
          (3) 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. 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.
          (4) 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.
          [(5) (A) Not later than 180 days prior to the 
        expiration of the transition period, or any extension 
        thereof, the Secretary 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 anticipated labor needs of the Commonwealth 
        and determine whether an extension of up to 5 years of 
        the provisions of this subsection is necessary to 
        ensure an adequate number of workers will be available 
        for legitimate businesses in the Commonwealth. For the 
        purpose of this subparagraph, a business 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 resident workforce, 
        shall be made by the Secretary of Homeland Security, in 
        the Secretary's sole discretion.
                  [(B) If the Secretary of Labor determines 
                that such an extension is necessary to ensure 
                an adequate number of workers for legitimate 
                businesses in the Commonwealth, the Secretary 
                of Labor may, through notice published in the 
                Federal Register, provide for an additional 
                extension period of up to 5 years.
                  [(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 workers 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 thereof, for alien 
                        workers in the Commonwealth's 
                        businesses;
                          [(ii) the unemployment rate of United 
                        States citizen workers residing in the 
                        Commonwealth;
                          [(iii) the unemployment rate of 
                        aliens in the Commonwealth who have 
                        been lawfully admitted for permanent 
                        residence;
                          [(iv) the number of unemployed alien 
                        workers in the Commonwealth;
                          [(v) any good faith efforts to 
                        locate, educate, 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, lawful 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, benefits, and living 
                        standards of existing workers within 
                        those industries and other industries 
                        authorized to employ alien workers; and
                          [(viii) the prior use, if any, of 
                        alien workers to fill those industry 
                        jobs, and whether the industry requires 
                        alien workers to fill those jobs.]
          [(6)] (5) 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.
  (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 [ 122 STAT. 860 ] from the 
        United States or the Commonwealth pursuant to such 
        order.
  (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.
                            Letter Exchange

                          House of Representatives,
                                Committee on the Judiciary,
                                     Washington, DC, June 18, 2014.
Hon. Doc Hastings,
Chairman, Committee on Natural Resources,
Washington, DC.
    Dear Chairman Hastings,  I am writing with respect to H.R. 
4296, to amend Public Law 94-241 with respect to the Northern 
Mariana Islands, which the Committee on Natural Resources 
reported favorably on May 29, 2014. As a result of your having 
consulted with us on provisions in H.R. 4296 that fall within 
the Rule X jurisdiction of the Committee on the Judiciary, I 
agree to discharge our Committee from further consideration of 
this bill so that it may proceed expeditiously to the House 
floor for consideration.
    The Judiciary Committee takes this action with our mutual 
understanding that by foregoing consideration of H.R. 4296 at 
this time, we do not waive any jurisdiction over the subject 
matter contained in this or similar legislation, and that our 
Committee will be appropriately consulted and involved as the 
bill or similar legislation moves forward so that we may 
address any remaining issues in our jurisdiction. Our Committee 
also reserves the right to seek appointment of an appropriate 
number of conferees to any House-Senate conference involving 
this or similar legislation, and asks that you support any such 
request.
    I would appreciate a response to this letter confirming 
this understanding with respect to H.R. 4296, and would ask 
that a copy of our exchange of letters on this matter be 
included in the Congressional Record during Floor consideration 
of H.R. 4296.
            Sincerely,
                                             Bob Goodlatte,
                                                          Chairman.
                              ----------                              

                          House of Representatives,
                            Committee on Natural Resources,
                                     Washington, DC, June 18, 2014.
Hon. Bob Goodlatte,
Chairman, Committee on the Judiciary,
Washington, DC.
    Dear Mr. Chairman:  Thank you for your letter regarding 
H.R. 4296, to amend Public Law 94-241 with respect to the 
Northern Mariana Islands. As you know, the Committee on Natural 
Resources ordered favorably reported the bill with an amendment 
on May 29, 2014. I appreciate your support in bringing this 
legislation before the House of Representatives, and 
accordingly, understand that the Committee on the Judiciary 
will forego action on the bill.
    The Committee on Natural Resources concurs with the mutual 
understanding that by foregoing consideration of H.R. 4296 at 
this time, the Committee on the Judiciary does not waive any 
jurisdiction over the subject matter contained in this or 
similar legislation. In addition, should a conference on the 
bill be necessary, I would support your request to have the 
Committee on the Judiciary represented on the conference 
committee. Finally, I would be pleased to include your letter 
and this response in the bill report filed by the Committee on 
Natural Resources, as well as in the Congressional Record 
during floor consideration, to memorialize our understanding.
    Thank you for your cooperation.
            Sincerely,
                                              Doc Hastings,
                                                          Chairman.

                                  [all]