[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5956 Enrolled Bill (ENR)]

        H.R.5956

                     One Hundred Fifteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
           the third day of January, two thousand and eighteen


                                 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.