    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-218
    115th Congress

    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

    [[Page 1548]]

    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.

    [[Page 1549]]

    ``(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

    [[Page 1550]]

    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

    [[Page 1551]]

    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

    [[Page 1552]]

    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.--

    [[Page 1553]]

    ``(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).''.

    [[Page 1554]]

    (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--

    [[Page 1555]]

    (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.

    Approved July 24, 2018.

    LEGISLATIVE HISTORY--H.R. 5956:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 164 (2018):
    June 5, considered and passed House.
    June 28, considered and passed Senate.