[Congressional Record Volume 164, Number 65 (Monday, April 23, 2018)]
[Senate]
[Pages S2349-S2354]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              NORTHERN MARIANA ISLANDS U.S. WORKFORCE ACT

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 354, S. 2325.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (S. 2325) to incentivize the hiring of United States 
     workers in the Commonwealth of the Northern Mariana Islands, 
     and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Energy and Natural 
Resources, with an amendment to strike all after the enacting clause 
and insert in lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Northern Mariana Islands 
     U.S. Workforce Act''.

     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

[[Page S2350]]

     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 issued.
       ``(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 1 or more nonimmigrant 
     workers, a $50 fraud prevention and detection fee; and
       ``(II) shall deposit and use the fees collected under 
     subclause (I) 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 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, or commits any other violation of the 
     terms and conditions of employment;
       ``(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

[[Page S2351]]

     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 and Commonwealth requirements related to employment 
     during the preceding 5 years;
       ``(dd) does not directly or indirectly engage in 
     prostitution, human trafficking, or any other activity that 
     is illegal under Federal or Commonwealth law; and
       ``(ee) is a participant in good standing in the E-Verify 
     program.
       ``(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 2 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.
       ``(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, 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.

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
Murkowski amendment at the desk be agreed to and the committee-reported 
amendment, as amended, be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2239) was agreed to, as follows:

          (Purpose: To make technical amendments to the bill)

       On page 21, line 25, strike ``issued'' and insert 
     ``requested''.
       On page 25, line 12, insert ``with petitions filed with 
     employment start dates'' after ``Beginning''.
       On page 31, line 8, strike ``or''.
       On page 31, line 11, insert ``, or otherwise ceases to 
     operate as a legitimate business (as defined in clause 
     (iv)(II))'' before the semicolon.
       On page 33, line 18, strike ``and Commonwealth'' and insert 
     ``, Commonwealth, and local''.
       On page 33, line 22, insert ``, or knowingly benefit 
     from,'' after ``engage in''.
       On page 33, line 25, strike ``or Commonwealth law; and'' 
     and insert ``, Commonwealth, or local law;''.
       On page 34, line 3, strike ``program.'' and insert 
     ``program;''.
       On page 34, between lines 3 and 4, insert the following:
       ``(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).
       On page 35, line 12, insert ``prior to the submission of a 
     renewal petition on their behalf'' after ``30 days''.
       At the end of the bill, add the following:
       (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.

  The committee-reported amendment in the nature of a substitute, as 
amended, was agreed to.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the bill, 
as amended, be considered read a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  Mr. McCONNELL. Mr. President, I know of no further debate on the 
bill.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill pass?
  The bill (S. 2325), as amended, was passed, as follows:

                                S. 2325

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page S2352]]

  


     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Northern Mariana Islands 
     U.S. Workforce Act''.

     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 1 or more nonimmigrant 
     workers, a $50 fraud prevention and detection fee; and
       ``(II) shall deposit and use the fees collected under 
     subclause (I) 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

[[Page S2353]]

       ``(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; and
       ``(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 2 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, 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

[[Page S2354]]

       (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.

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the motion 
to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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