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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2325 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 354
115th CONGRESS
  2d Session
                                S. 2325

                          [Report No. 115-214]

To incentivize the hiring of United States workers in the Commonwealth 
        of the Northern Mariana Islands, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 19, 2018

 Ms. Murkowski introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                             March 20, 2018

              Reported by Ms. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. PURPOSE.</DELETED>

<DELETED>    The purpose of this Act is--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) to incentivize the hiring of United States 
        workers into such workforce; and</DELETED>
        <DELETED>    (3) to ensure that no United States worker--
        </DELETED>
                <DELETED>    (A) is at a competitive disadvantage for 
                employment compared to workers who are not United 
                States workers; or</DELETED>
                <DELETED>    (B) is displaced by a worker who is not a 
                United States worker.</DELETED>

<DELETED>SEC. 3. TRANSITIONAL PROVISIONS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (2), by striking ``2019'' 
                and inserting ``2029''; and</DELETED>
                <DELETED>    (B) by amending paragraph (6) to read as 
                follows:</DELETED>
        <DELETED>    ``(6) Fees for training united states workers.--
        </DELETED>
                <DELETED>    ``(A) Supplemental fee.--</DELETED>
                        <DELETED>    ``(i) In general.--In addition to 
                        fees imposed pursuant to sections 208(d)(3) and 
                        245(i), the Immigration and Nationality Act (8 
                        U.S.C. 1158(d)(3) and 1255(i)) 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.</DELETED>
                        <DELETED>    ``(ii) Inflation adjustment.--
                        Beginning in fiscal year 2020, the Secretary 
                        may annually adjust the 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.</DELETED>
                        <DELETED>    ``(iii) Use of funds.--Amounts 
                        collected pursuant to clause (i) shall be 
                        annually 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.</DELETED>
                <DELETED>    ``(B) Plan for the expenditure of funds.--
                At the beginning of each calendar year, and before any 
                of the supplemental fees are deposited into the 
                Treasury of the Commonwealth Government for that 
                calendar year, the Commonwealth Government shall submit 
                to the Secretary of Labor--</DELETED>
                        <DELETED>    ``(i) a plan for the expenditures 
                        of amounts deposited under subparagraph 
                        (A)(iii);</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iii) a report on the changes in 
                        employment of United States workers 
                        attributable to expenditures of such amounts 
                        during the previous year.</DELETED>
                <DELETED>    ``(C) Payment restriction.--Payments may 
                not be made from amounts deposited under subparagraph 
                (A)(iii) until after the Secretary of Labor has 
                approved the expenditure plan submitted under 
                subparagraph (B)(i).</DELETED>
                <DELETED>    ``(D) Report.--The Secretary of Labor 
                shall submit an annual report to Congress that 
                describes the effectiveness of the Commonwealth 
                Government at meeting the goals set forth in the 
                expenditure plan submitted under subparagraph 
                (B)(i).'';</DELETED>
        <DELETED>    (2) in subsection (b), by adding at the end the 
        following:</DELETED>
        <DELETED>    ``(3) Report.--Not later than 3 years after the 
        date of the enactment of the Northern Mariana Islands U.S. 
        Workforce Act, 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--</DELETED>
                <DELETED>    ``(A) projects the number of asylum claims 
                the Secretary anticipates following the termination of 
                the transition period; and</DELETED>
                <DELETED>    ``(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.'';</DELETED>
        <DELETED>    (3) in subsection (d)--</DELETED>
                <DELETED>    (A) by redesignating paragraphs (2) 
                through (5) as paragraphs (3) through (6), 
                respectively;</DELETED>
                <DELETED>    (B) by inserting after paragraph (1) the 
                following:</DELETED>
        <DELETED>    ``(2) Protection for united states workers.--
        </DELETED>
                <DELETED>    ``(A) Foreign labor certification.--
                </DELETED>
                        <DELETED>    ``(i) In general.--Before applying 
                        for a nonimmigrant worker permit under this 
                        subsection, a prospective employer shall obtain 
                        a certification from the Department of Labor 
                        confirming the prospective employer's assertion 
                        that--</DELETED>
                                <DELETED>    ``(I) no qualified United 
                                States worker is able, willing, 
                                qualified, and available to accept the 
                                proposed job at the prevailing wage for 
                                that occupation in the Commonwealth; 
                                and</DELETED>
                                <DELETED>    ``(II) employment of the 
                                foreign worker will not adversely 
                                affect the wages and working conditions 
                                of similarly employed United States 
                                workers.</DELETED>
                        <DELETED>    ``(ii) Petition.--After receiving 
                        a certification under clause (i), a prospective 
                        employer may submit a petition to U.S. 
                        Citizenship and Immigration Services for a 
                        Commonwealth Only Transitional Worker permit on 
                        behalf of the foreign worker.</DELETED>
                <DELETED>    ``(B) Prevailing wage survey.--In order to 
                effectuate the requirement for foreign labor 
                certification, the Department of Labor shall conduct 
                periodic prevailing wage surveys in the 
                Commonwealth.</DELETED>
                <DELETED>    ``(C) Minimum wage.--An employer shall pay 
                each Commonwealth Only Transitional Worker a wage that 
                is not less than the greater of--</DELETED>
                        <DELETED>    ``(i) the statutory minimum wage 
                        in the Commonwealth;</DELETED>
                        <DELETED>    ``(ii) the Federal minimum 
                        wage;</DELETED>
                        <DELETED>    ``(iii) the prevailing wage in the 
                        Commonwealth for the occupation in which the 
                        worker is employed; or</DELETED>
                        <DELETED>    ``(iv) the actual wage level paid 
                        by the employer to any other individual 
                        employed in the same occupation.'';</DELETED>
                <DELETED>    (C) by amending paragraph (3), as 
                redesignated, to read as follows:</DELETED>
        <DELETED>    ``(3) Permits.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary shall 
                establish, administer, and enforce a system for 
                allocating and determining the number, terms, and 
                conditions of permits to be issued to prospective 
                employers for each such 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.).</DELETED>
                <DELETED>    ``(B) Comments from governor.--In carrying 
                out this paragraph, the Secretary--</DELETED>
                        <DELETED>    ``(i) shall consider, in good 
                        faith, any comments or advice submitted by the 
                        Governor of the Commonwealth, including any 
                        recommendation to reserve a number of permits 
                        each year for occupational categories necessary 
                        to maintain public health or safety in the 
                        Commonwealth;</DELETED>
                        <DELETED>    ``(ii) shall, not later than 30 
                        days after the receipt of such comments or 
                        advice, submit a written response to the 
                        Governor; and</DELETED>
                        <DELETED>    ``(iii) in the Secretary's sole 
                        discretion, may make the reservation of permits 
                        recommended by the Governor.</DELETED>
                <DELETED>    ``(C) Numerical cap.--The number of 
                permits issued under subparagraph (A) may not exceed 
                13,000 during fiscal year 2019.</DELETED>
                <DELETED>    ``(D) Annual adjustments.--Beginning in 
                fiscal year 2020, and annually thereafter, the number 
                of permits issued under subparagraph (A) may not exceed 
                a number that is 500 fewer than the number of permits 
                that were issued during the immediately preceding 
                fiscal year.</DELETED>
                <DELETED>    ``(E) Reports regarding the percentage of 
                domestic workers.--</DELETED>
                        <DELETED>    ``(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 
                        domestic workers to non-domestic workers in the 
                        Commonwealth's workforce based on income tax 
                        filings with the Commonwealth for the tax 
                        year.</DELETED>
                        <DELETED>    ``(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 and the Chair and 
                        Ranking Member of the Committee on Natural 
                        Resources of the House of Representatives that 
                        identifies the ratio between domestic workers 
                        and non-domestic workers in the Commonwealth's 
                        workforce during each of the previous 5 
                        calendar years.</DELETED>
                <DELETED>    ``(F) Application; issuance of permits.--
                </DELETED>
                        <DELETED>    ``(i) Submission.--A prospective 
                        employer may submit an application--</DELETED>
                                <DELETED>    ``(I) for a new permit 180 
                                days before the beginning of the 
                                allocation year in which the permit 
                                will become effective; or</DELETED>
                                <DELETED>    ``(II) for the renewal of 
                                an existing permit 180 days before the 
                                end of the allocation year in which the 
                                existing permit expires.</DELETED>
                        <DELETED>    ``(ii) Adjudication.--The 
                        Secretary shall adjudicate an application for a 
                        permit submitted pursuant to clause (i) not 
                        later than 60 days after the receipt of such 
                        application.</DELETED>
                        <DELETED>    ``(iii) Employment verification.--
                        The Secretary shall establish a system for each 
                        employer of a Commonwealth Only Transitional 
                        Worker to submit a quarterly report to the U.S. 
                        Immigration and Customs Enforcement office in 
                        the Commonwealth 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.</DELETED>
                        <DELETED>    ``(iv) Revocation.--</DELETED>
                                <DELETED>    ``(I) In general.--The 
                                Secretary may revoke a permit approved 
                                under this paragraph if--</DELETED>
                                        <DELETED>    ``(aa) the 
                                        employer fails to maintain the 
                                        continuous employment of the 
                                        subject worker, fails to pay 
                                        the subject worker, or commits 
                                        any other violation of the 
                                        terms and conditions of 
                                        employment; or</DELETED>
                                        <DELETED>    ``(bb) the 
                                        beneficiary of such petition 
                                        does not apply for a visa 
                                        within 60 days after the 
                                        approval of such 
                                        petition.</DELETED>
                                <DELETED>    ``(II) Use of revoked 
                                petition.--A revoked petition under 
                                this paragraph shall be immediately 
                                available for use within the same 
                                fiscal year for which the petition was 
                                approved and shall not be further 
                                counted against the numerical limit for 
                                that year.</DELETED>
                        <DELETED>    ``(v) Legitimate business.--
                        </DELETED>
                                <DELETED>    ``(I) In general.--A 
                                prospective employer that is not a 
                                legitimate business may not be granted 
                                a petition.</DELETED>
                                <DELETED>    ``(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--</DELETED>
                                        <DELETED>    ``(aa) produces 
                                        services or goods for profit, 
                                        or is a governmental, 
                                        charitable, or other validly 
                                        recognized nonprofit 
                                        entity;</DELETED>
                                        <DELETED>    ``(bb) meets 
                                        applicable legal requirements 
                                        for doing business in the 
                                        Commonwealth;</DELETED>
                                        <DELETED>    ``(cc) has 
                                        substantially complied with 
                                        wage and hour laws, 
                                        occupational safety and health 
                                        requirements, and all other 
                                        Federal requirements related to 
                                        employment during the preceding 
                                        5 years; and</DELETED>
                                        <DELETED>    ``(dd) does not 
                                        directly or indirectly engage 
                                        in prostitution, human 
                                        trafficking, or any other 
                                        activity that is illegal under 
                                        Federal or Commonwealth 
                                        law.</DELETED>
                        <DELETED>    ``(vi) Construction occupations.--
                        A permit for Construction and Extraction 
                        Occupations (as defined by the Department of 
                        Labor as Standard Occupational Classification 
                        Group 47-0000) may only be issued to extend a 
                        permit that was first issued before October 1, 
                        2015.'';</DELETED>
                <DELETED>    (D) in paragraph (4), as redesignated, by 
                inserting ``or to Guam for the purpose of transit 
                only'' after ``except admission to the 
                Commonwealth'';</DELETED>
                <DELETED>    (E) in paragraph (5), as redesignated, by 
                adding at the end the following: ``Approval of a 
                petition filed by the new employer within the same 
                fiscal year as the current permit shall not count 
                against the numerical limitation for that period.''; 
                and</DELETED>
                <DELETED>    (F) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(7) CW-3 workers.--</DELETED>
                <DELETED>    ``(A) Designation.--The Secretary shall 
                designate an alien admitted under this subsection as a 
                `CW-3 worker' if the alien--</DELETED>
                        <DELETED>    ``(i) was admitted to the 
                        Commonwealth as a Commonwealth Only 
                        Transitional Worker during fiscal year 2014 and 
                        every subsequent fiscal year beginning before 
                        the date of the enactment of the Northern 
                        Mariana Islands U.S. Workforce Act; 
                        and</DELETED>
                        <DELETED>    ``(ii) is otherwise 
                        admissible.</DELETED>
                <DELETED>    ``(B) Permit.--</DELETED>
                        <DELETED>    ``(i) In general.--Each CW-3 
                        worker shall be deemed to have met the foreign 
                        labor certification requirement under paragraph 
                        (2) and, upon application, shall be issued a 
                        permit to remain in the Commonwealth during the 
                        3-year period beginning on the date of the 
                        enactment of the Northern Mariana Islands U.S. 
                        Workforce Act.</DELETED>
                        <DELETED>    ``(ii) Renewal.--The permit issued 
                        under clause (i) may be renewed in 3-year 
                        increments during the transition period 
                        described in subsection (a)(2) if the alien 
                        remains outside of the United States for a 
                        continuous period of not less than 30 days 
                        during the 180-day period immediately preceding 
                        each such renewal.</DELETED>
                        <DELETED>    ``(iii) Numerical limitation.--
                        Each permit issued under clause (i) shall count 
                        against the annual numerical limitations set 
                        forth in subparagraphs (C) and (D) of paragraph 
                        (3).</DELETED>
                <DELETED>    ``(C) Roster.--The Secretary shall 
                maintain a roster of aliens in this category.</DELETED>
                <DELETED>    ``(D) Fee.--Employers of CW-3 workers 
                shall be subject to the annual education fee under 
                subsection (a)(6).</DELETED>
        <DELETED>    ``(8) Requirement to remain outside of the united 
        states.--Except as provided in paragraph (7), the permit for a 
        Commonwealth Only Transitional Worker may not be renewed for 
        more than 2 consecutive years. 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 not 
        less than 30 days.''; and</DELETED>
        <DELETED>    (4) by adding at the end the following:</DELETED>
<DELETED>    ``(i) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Allocation year.--The term `allocation year' 
        means the fiscal year immediately following the current 
        year.</DELETED>
        <DELETED>    ``(2) Commonwealth.--The term `Commonwealth' means 
        the Commonwealth of the Northern Mariana Islands.</DELETED>
        <DELETED>    ``(3) Commonwealth only transition worker.--The 
        term `Commonwealth Only Transition Worker' means an alien who 
        has been admitted into the Commonwealth under the transition 
        program for the purposes of a permit provided under subsection 
        (d)(3).</DELETED>
        <DELETED>    ``(4) Current year.--The term `current year' means 
        the fiscal year in which an allocation is determined for the 
        allocation year.</DELETED>
        <DELETED>    ``(5) Domestic worker.--The term `domestic worker' 
        means any worker who is--</DELETED>
                <DELETED>    ``(A) a United States worker; or</DELETED>
                <DELETED>    ``(B) 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--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) section 141 of the Compact 
                        of Free Association between the United States 
                        and the Government of Palau (48 U.S.C. 1931 
                        note).</DELETED>
        <DELETED>    ``(6) Governor.--The term `Governor' means the 
        Governor of the Commonwealth of the Northern Mariana 
        Islands.</DELETED>
        <DELETED>    ``(7) Secretary.--The term `Secretary' means the 
        Secretary of Homeland Security.</DELETED>
        <DELETED>    ``(8) Tax year.--The term `tax year' means the 
        fiscal year immediately preceding the current year.</DELETED>
        <DELETED>    ``(9) United states worker.--The term `United 
        States worker' means any worker who is--</DELETED>
                <DELETED>    ``(A) a citizen or national of the United 
                States; or</DELETED>
                <DELETED>    ``(B) an alien who has been--</DELETED>
                        <DELETED>    ``(i) lawfully admitted for 
                        permanent residence;</DELETED>
                        <DELETED>    ``(ii) admitted as a refugee under 
                        section 207 of the Immigration and Nationality 
                        Act (8 U.S.C. 1157); or</DELETED>
                        <DELETED>    ``(iii) granted asylum under 
                        section 208 of such Act (8 U.S.C. 
                        1158).''.</DELETED>
<DELETED>    (b) Rulemaking.--Not later than 60 days after the date of 
the enactment of this Act, the Secretary of Homeland Security shall 
publish regulations in the Federal Register to implement the amendments 
made by subsection (a).</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) to identify opportunities for economic growth 
        and diversification;</DELETED>
        <DELETED>    (2) to provide assistance in recruiting, training, 
        and hiring United States workers; and</DELETED>
        <DELETED>    (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).</DELETED>

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 
                        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 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.
                                                       Calendar No. 354

115th CONGRESS

  2d Session

                                S. 2325

                          [Report No. 115-214]

_______________________________________________________________________

                                 A BILL

To incentivize the hiring of United States workers in the Commonwealth 
        of the Northern Mariana Islands, and for other purposes.

_______________________________________________________________________

                             March 20, 2018

                       Reported with an amendment
```