[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.