[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5956 Engrossed in House (EH)]
<DOC>
115th CONGRESS
2d Session
H. R. 5956
_______________________________________________________________________
AN ACT
To incentivize the hiring of United States workers in the Commonwealth
of the Northern Mariana Islands, 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 U.S.
Workforce Act of 2018''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to increase the percentage of United States workers (as
defined in section 6(i) 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''
(48 U.S.C. 1806)) in the total workforce of the Commonwealth of
the Northern Mariana Islands, while maintaining the minimum
number of workers who are not United States workers to meet the
changing demands of the Northern Mariana Islands' economy;
(2) to encourage the hiring of United States workers into
such workforce; and
(3) to ensure that no United States worker--
(A) is at a competitive disadvantage for employment
compared to a worker who is not a United States worker;
or
(B) is displaced by a worker who is not a United
States worker.
SEC. 3. TRANSITIONAL PROVISIONS.
(a) In General.--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'' (48 U.S.C. 1806) is
amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``2019'' and
inserting ``2029''; and
(B) by amending paragraph (6) to read as follows:
``(6) Fees for training united states workers.--
``(A) Supplemental fee.--
``(i) In general.--In addition to fees
imposed pursuant to section 286(m) of the
Immigration and Nationality Act (8 U.S.C.
1356(m)) to recover the full costs of
adjudication services, the Secretary shall
impose an annual supplemental fee of $200 per
nonimmigrant worker on each prospective
employer who is issued a permit under
subsection (d)(3) during the transition
program. A prospective employer that is issued
a permit with a validity period of longer than
1 year shall pay the fee for each year of
requested validity at the time the permit is
requested.
``(ii) Inflation adjustment.--Beginning in
fiscal year 2020, the Secretary, through notice
in the Federal Register, may annually adjust
the supplemental fee imposed under clause (i)
by a percentage equal to the annual change in
the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor
Statistics.
``(iii) Use of funds.--Amounts collected
pursuant to clause (i) shall be deposited into
the Treasury of the Commonwealth Government for
the sole and exclusive purpose of funding
vocational education, apprenticeships, or other
training programs for United States workers.
``(iv) Fraud prevention and detection
fee.--In addition to the fees described in
clause (i), the Secretary--
``(I) shall impose, on each
prospective employer filing a petition
under this subsection for one or more
nonimmigrant workers, a $50 fraud
prevention and detection fee; and
``(II) shall deposit and use the
fees collected under subclause (I) for
the sole purpose of preventing and
detecting immigration benefit fraud in
the Northern Mariana Islands, in
accordance with section 286(v)(2)(B) of
the Immigration and Nationality Act (8
U.S.C. 1356(v)(2)(B)).
``(B) Plan for the expenditure of funds.--Not later
than 120 days before the first day of fiscal year 2020,
and annually thereafter, the Governor of the
Commonwealth Government shall submit to the Secretary
of Labor--
``(i) a plan for the expenditures of
amounts deposited under subparagraph (A)(iii);
``(ii) a projection of the effectiveness of
such expenditures in the placement of United
States workers into jobs held by non-United
States workers; and
``(iii) a report on the changes in
employment of United States workers
attributable to expenditures of such amounts
during the previous year.
``(C) Determination and report.--Not later than 120
days after receiving each expenditure plan under
subparagraph (B)(i), the Secretary of Labor shall--
``(i) issue a determination on the plan;
and
``(ii) submit a report to Congress that
describes the effectiveness of the Commonwealth
Government at meeting the goals set forth in
such plan.
``(D) Payment restriction.--Payments may not be
made in a fiscal year from amounts deposited under
subparagraph (A)(iii) before the Secretary of Labor has
approved the expenditure plan submitted under
subparagraph (B)(i) for that fiscal year.'';
(2) in subsection (b), by adding at the end the following:
``(3) Report.--Not later than December 1, 2027, the
Secretary shall submit a report to the Committee on Energy and
Natural Resources of the Senate, the Committee on the Judiciary
of the Senate, the Committee on Natural Resources of the House
of Representatives, and the Committee on the Judiciary of the
House of Representatives that--
``(A) projects the number of asylum claims the
Secretary anticipates following the termination of the
transition period; and
``(B) describes the efforts of the Secretary to
ensure appropriate interdiction efforts, provide for
appropriate treatment of asylum seekers, and prepare to
accept and adjudicate asylum claims in the
Commonwealth.'';
(3) in subsection (d)--
(A) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Protection for united states workers.--
``(A) Temporary labor certification.--
``(i) In general.--Beginning with petitions
filed with employment start dates in fiscal
year 2020, a petition to import a nonimmigrant
worker under this subsection may not be
approved by the Secretary unless the petitioner
has applied to the Secretary of Labor for a
temporary labor certification confirming that--
``(I) there are not sufficient
United States workers in the
Commonwealth who are able, willing,
qualified, and available at the time
and place needed to perform the
services or labor involved in the
petition; and
``(II) employment of the
nonimmigrant worker will not adversely
affect the wages and working conditions
of similarly employed United States
workers.
``(ii) Petition.--After receiving a
temporary labor certification under clause (i),
a prospective employer may submit a petition to
the Secretary for a Commonwealth Only
Transitional Worker permit on behalf of the
nonimmigrant worker.
``(B) Prevailing wage survey.--
``(i) In general.--In order to effectuate
the requirement for a temporary labor
certification under subparagraph (A)(i), the
Secretary of Labor shall use, or make available
to employers, an occupational wage survey
conducted by the Governor that the Secretary of
Labor has determined meets the statistical
standards for determining prevailing wages in
the Commonwealth on an annual basis.
``(ii) Alternative method for determining
the prevailing wage.--In the absence of an
occupational wage survey approved by the
Secretary of Labor under clause (i), the
prevailing wage for an occupation in the
Commonwealth shall be the arithmetic mean of
the wages of workers similarly employed in the
territory of Guam according to the wage
component of the Occupational Employment
Statistics Survey conducted by the Bureau of
Labor Statistics.
``(C) Minimum wage.--An employer shall pay each
Commonwealth Only Transitional Worker a wage that is
not less than the greater of--
``(i) the statutory minimum wage in the
Commonwealth;
``(ii) the Federal minimum wage; or
``(iii) the prevailing wage in the
Commonwealth for the occupation in which the
worker is employed.'';
(C) by amending paragraph (3), as redesignated, to
read as follows:
``(3) Permits.--
``(A) In general.--The Secretary shall establish,
administer, and enforce a system for allocating and
determining terms and conditions of permits to be
issued to prospective employers for each 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.).
``(B) Numerical cap.--The number of permits issued
under subparagraph (A) may not exceed--
``(i) 13,000 for fiscal year 2019;
``(ii) 12,500 for fiscal year 2020;
``(iii) 12,000 for fiscal year 2021;
``(iv) 11,500 for fiscal year 2022;
``(v) 11,000 for fiscal year 2023;
``(vi) 10,000 for fiscal year 2024;
``(vii) 9,000 for fiscal year 2025;
``(viii) 8,000 for fiscal year 2026;
``(ix) 7,000 for fiscal year 2027;
``(x) 6,000 for fiscal year 2028;
``(xi) 5,000 for fiscal year 2029; and
``(xii) 1,000 for the first quarter of
fiscal year 2030.
``(C) Reports regarding the percentage of united
states workers.--
``(i) By governor.--Not later than 60 days
before the end of each calendar year, the
Governor shall submit a report to the Secretary
that identifies the ratio between United States
workers and other workers in the Commonwealth's
workforce based on income tax filings with the
Commonwealth for the tax year.
``(ii) By gao.--Not later than December 31,
2019, and biennially thereafter, the
Comptroller General of the United States shall
submit a report to the Chair and Ranking Member
of the Committee on Energy and Natural
Resources of the Senate, the Chair and Ranking
Member of the Committee on Natural Resources of
the House of Representatives, the Chair and
Ranking Member of the Committee on Health,
Education, Labor, and Pensions of the Senate
and the Chair and Ranking Member of the
Committee on Education and the Workforce of the
House of Representatives that identifies the
ratio between United States workers and other
workers in the Commonwealth's workforce during
each of the previous 5 calendar years.
``(D) Petition; issuance of permits.--
``(i) Submission.--A prospective employer
may submit a petition for a permit under this
paragraph not earlier than--
``(I) 120 days before the date on
which the prospective employer needs
the beneficiary's services; or
``(II) if the petition is for the
renewal of an existing permit, not
earlier than 180 days before the
expiration of such permit.
``(ii) Employment verification.--The
Secretary shall establish a system for each
employer of a Commonwealth Only Transitional
Worker to submit a semiannual report to the
Secretary and the Secretary of Labor that
provides evidence to verify the continuing
employment and payment of such worker under the
terms and conditions set forth in the permit
petition that the employer filed on behalf of
such worker.
``(iii) Revocation.--
``(I) In general.--The Secretary,
in the Secretary's discretion, may
revoke a permit approved under this
paragraph for good cause, including
if--
``(aa) the employer fails
to maintain the continuous
employment of the subject
worker, fails to pay the
subject worker, fails to timely
file a semiannual report
required under this paragraph,
commits any other violation of
the terms and conditions of
employment, or otherwise ceases
to operate as a legitimate
business (as defined in clause
(iv)(II));
``(bb) the beneficiary of
such petition does not apply
for admission to the
Commonwealth by the date that
is 10 days after the period of
petition validity begins, if
the employer has requested
consular processing; or
``(cc) the employer fails
to provide a former, current,
or prospective Commonwealth
Only Transitional Worker, not
later than 21 business days
after receiving a written
request from such worker, with
the original (or a certified
copy of the original) of all
petitions, notices, and other
written communication related
to the worker (other than
sensitive financial or
proprietary information of the
employer, which may be
redacted) that has been
exchanged between the employer
and the Department of Labor,
the Department of Homeland
Security, or any other Federal
agency or department.
``(II) Reallocation of revoked
petition.--Notwithstanding subparagraph
(C), for each permit revoked under
subclause (I) in a fiscal year, an
additional permit shall be made
available for use in the subsequent
fiscal year.
``(iv) Legitimate business.--
``(I) In general.--A permit may not
be approved for a prospective employer
that is not a legitimate business.
``(II) Defined term.--In this
clause, the term `legitimate business'
means a real, active, and operating
commercial or entrepreneurial
undertaking that the Secretary, in the
Secretary's sole discretion,
determines--
``(aa) produces services or
goods for profit, or is a
governmental, charitable, or
other validly recognized
nonprofit entity;
``(bb) meets applicable
legal requirements for doing
business in the Commonwealth;
``(cc) has substantially
complied with wage and hour
laws, occupational safety and
health requirements, and all
other Federal, Commonwealth,
and local requirements related
to employment during the
preceding 5 years;
``(dd) does not directly or
indirectly engage in, or
knowingly benefit from,
prostitution, human
trafficking, or any other
activity that is illegal under
Federal, Commonwealth, or local
law;
``(ee) is a participant in
good standing in the E-Verify
program;
``(ff) does not have, as an
owner, investor, manager,
operator, or person
meaningfully involved with the
undertaking, any individual who
has been the owner, investor,
manager, operator, or otherwise
meaningfully involved with an
undertaking that does not
comply with item (cc) or (dd),
or is the agent of such an
individual; and
``(gg) is not a successor
in interest to an undertaking
that does not comply with item
(cc) or (dd).
``(v) Construction occupations.--A permit
for Construction and Extraction Occupations (as
defined by the Department of Labor as Standard
Occupational Classification Group 47-0000) may
not be issued for any worker other than a
worker described in paragraph (7)(B).'';
(D) in paragraph (4), as redesignated, by inserting
``or to Guam for the purpose of transit only'' after
``except admission to the Commonwealth'';
(E) in paragraph (5), as redesignated, by adding at
the end the following: ``Approval of a petition filed
by the new employer with a start date within the same
fiscal year as the current permit shall not count
against the numerical limitation for that period.'';
and
(F) by adding at the end the following:
``(7) Requirement to remain outside of the united states.--
``(A) In general.--Except as provided in
subparagraph (B)--
``(i) a permit for a Commonwealth Only
Transitional Worker--
``(I) shall remain valid for a
period that may not exceed 1 year; and
``(II) may be renewed for not more
than two consecutive, 1-year periods;
and
``(ii) at the expiration of the second
renewal period, an alien may not again be
eligible for such a permit until after the
alien has remained outside of the United States
for a continuous period of at least 30 days
prior to the submission of a renewal petition
on their behalf.
``(B) Long-term workers.--An alien who 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, may receive a permit for a
Commonwealth Only Transitional Worker that is valid for
a period that may not exceed 3 years and may be renewed
for additional 3-year periods during the transition
period. A permit issued under this subparagraph shall
be counted toward the numerical cap for each fiscal
year within the period of petition validity.''; and
(4) by adding at the end the following:
``(i) Definitions.--In this section:
``(1) Commonwealth.--The term `Commonwealth' means the
Commonwealth of the Northern Mariana Islands.
``(2) Commonwealth only transition worker.--The term
`Commonwealth Only Transition Worker' means an alien who has
been admitted into the Commonwealth under the transition
program and is eligible for a permit under subsection (d)(3).
``(3) Governor.--The term `Governor' means the Governor of
the Commonwealth of the Northern Mariana Islands.
``(4) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(5) Tax year.--The term `tax year' means the fiscal year
immediately preceding the current fiscal year.
``(6) United states worker.--The term `United States
worker' means any worker who is--
``(A) a citizen or national of the United States;
``(B) an alien who has been lawfully admitted for
permanent residence; or
``(C) a citizen of the Republic of the Marshall
Islands, the Federated States of Micronesia, or the
Republic of Palau (known collectively as the `Freely
Associated States') who has been lawfully admitted to
the United States pursuant to--
``(i) section 141 of the Compact of Free
Association between the Government of the
United States and the Governments of the
Marshall Islands and the Federated States of
Micronesia (48 U.S.C. 1921 note); or
``(ii) section 141 of the Compact of Free
Association between the United States and the
Government of Palau (48 U.S.C. 1931 note).''.
(b) Rulemaking.--
(1) Secretary of homeland security.--Notwithstanding the
requirements under section 553(b) of title 5, United States
Code, the Secretary of Homeland Security shall publish in the
Federal Register, not later than 180 days after the date of the
enactment of this Act, an interim final rule that specifies how
the Secretary intends to implement the amendments made by
subsection (a) that relate to the responsibilities of the
Secretary.
(2) Secretary of labor.--Notwithstanding the requirements
under section 553(b) of title 5, United States Code, the
Secretary of Labor shall publish in the Federal Register, not
later than 180 days after the date of the enactment of this
Act, an interim final rule that specifies how the Secretary
intends to implement the amendments made by subsection (a) that
relate to the responsibilities of the Secretary.
(3) Recommendations of the governor.--In developing the
interim final rules under paragraphs (1) and (2), the Secretary
of Homeland Security and the Secretary of Labor--
(A) shall each consider, in good faith, any written
public recommendations regarding the implementation of
this Act that are submitted by the Governor of the
Commonwealth not later than 60 days after the date of
the enactment of this Act; and
(B) may include provisions in such rule that are
responsive to any recommendation of the Governor that
is not inconsistent with this Act, including a
recommendation to reserve a number of permits each year
for occupational categories necessary to maintain
public health or safety in the Commonwealth.
(c) Department of the Interior Technical Assistance.--Not later
than October 1, 2019, and biennially thereafter, the Secretary of the
Interior shall submit a report to Congress that describes the
fulfillment of the Department of the Interior's responsibilities to the
Commonwealth of the Northern Mariana Islands--
(1) to identify opportunities for economic growth and
diversification;
(2) to provide assistance in recruiting, training, and
hiring United States workers; and
(3) to provide such other technical assistance and
consultation as outlined in section 702(e) of the Consolidated
Natural Resources Act of 2008 (48 U.S.C. 1807).
(d) Outreach and Training.--Not later than 120 days after the date
on which the Secretary of Labor publishes an interim final rule in the
Federal Register in accordance with subsection (b)(2), the Secretary
shall conduct outreach and training in the Commonwealth of the Northern
Mariana Islands for employers and workers on the foreign labor
certification process set forth in 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'', as amended by
subsection (b), including the minimum wage requirement set forth in
subsection (d)(2)(C) of such section.
(e) Effective Date.--
(1) In general.--Except as specifically otherwise provided,
this Act and the amendments made by this Act--
(A) shall take effect on the date of the enactment
of this Act; and
(B) shall apply to petitions for Commonwealth Only
Transitional Workers filed on or after such date.
(2) Authority of secretary of homeland security.--The
Secretary of Homeland Security, in the Secretary's discretion,
may delay the effective date of any provision of this Act
relating to Commonwealth Only Transition Workers until the
effective date of the interim final rule described in
subsection (b), except for provisions providing annual
numerical caps for such workers.
Passed the House of Representatives June 5, 2018.
Attest:
Clerk.
115th CONGRESS
2d Session
H. R. 5956
_______________________________________________________________________
AN ACT
To incentivize the hiring of United States workers in the Commonwealth
of the Northern Mariana Islands, and for other purposes.