II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Northern Mariana Is5 lands U.S. Workforce Act’’. 


daltland on DSKBBV9HB2PROD with BILLS
2 

•S 2325 RS

1 SEC. 2. PURPOSE. 

2 The purpose of this Act is— 

3 (1) to increase the percentage of United States 

4 workers (as defined in section 6(i) of the Joint Reso5 lution entitled ‘‘A Joint Resolution to approve the 

6 ‘Covenant To Establish a Commonwealth of the 

7 Northern Mariana Islands in Political Union with 

8 the United States of America’, and for other pur9 poses’’ (48 U.S.C. 1806)) in the total workforce of 

10 the Commonwealth of the Northern Mariana Is11 lands, while maintaining the minimum number of 

12 workers who are not United States workers to meet 

13 the changing demands of the Northern Mariana Is14 lands’ economy; 

15 (2) to incentivize the hiring of United States 

16 workers into such workforce; and 

17 (3) to ensure that no United States worker— 

18 (A) is at a competitive disadvantage for 

19 employment compared to workers who are not 

20 United States workers; or 

21 (B) is displaced by a worker who is not a 

22 United States worker. 

23 SEC. 3. TRANSITIONAL PROVISIONS. 

24 (a) IN GENERAL.—Section 6 of the Joint Resolution 

25 entitled ‘‘A Joint Resolution to approve the ‘Covenant To 

26 Establish a Commonwealth of the Northern Mariana IsVerDate Sep 11 2014 22:00 Mar 20, 2018 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S2325.RS S2325

daltland on DSKBBV9HB2PROD with BILLS
3 

•S 2325 RS

1 lands in Political Union with the United States of Amer2 ica’, and for other purposes’’ (48 U.S.C. 1806) is amend3 ed— 

4 (1) in subsection (a)— 

5 (A) in paragraph (2), by striking ‘‘2019’’ 

6 and inserting ‘‘2029’’; and 

7 (B) by amending paragraph (6) to read as 

8 follows: 

9 ‘‘(6) FEES FOR TRAINING UNITED STATES

10 WORKERS.— 

11 ‘‘(A) SUPPLEMENTAL FEE.— 

12 ‘‘(i) IN GENERAL.—In addition to fees 

13 imposed pursuant to sections 208(d)(3) 

14 and 245(i), the Immigration and Nation15 ality Act (8 U.S.C. 1158(d)(3) and 

16 1255(i)) to recover the full costs of adju17 dication services, the Secretary shall im18 pose an annual supplemental fee of $200 

19 per nonimmigrant worker on each prospec20 tive employer who is issued a permit under 

21 subsection (d)(3) during the transition pro22 gram. 

23 ‘‘(ii) INFLATION ADJUSTMENT.—Be24 ginning in fiscal year 2020, the Secretary 

25 may annually adjust the fee imposed under 


daltland on DSKBBV9HB2PROD with BILLS
4 

•S 2325 RS

1 clause (i) by a percentage equal to the an2 nual change in the Consumer Price Index 

3 for All Urban Consumers published by the 

4 Bureau of Labor Statistics. 

5 ‘‘(iii) USE OF FUNDS.—Amounts col6 lected pursuant to clause (i) shall be annu7 ally deposited into the Treasury of the 

8 Commonwealth Government for the sole 

9 and exclusive purpose of funding vocational 

10 education, apprenticeships, or other train11 ing programs for United States workers. 

12 ‘‘(B) PLAN FOR THE EXPENDITURE OF

13 FUNDS.—At the beginning of each calendar 

14 year, and before any of the supplemental fees 

15 are deposited into the Treasury of the Com16 monwealth Government for that calendar year, 

17 the Commonwealth Government shall submit to 

18 the Secretary of Labor— 

19 ‘‘(i) a plan for the expenditures of 

20 amounts deposited under subparagraph 

21 (A)(iii); 

22 ‘‘(ii) a projection of the effectiveness 

23 of such expenditures in the placement of 

24 United States workers into jobs held by 

25 non-United States workers; and 


daltland on DSKBBV9HB2PROD with BILLS
5 

•S 2325 RS

1 ‘‘(iii) a report on the changes in em2 ployment of United States workers attrib3 utable to expenditures of such amounts 

4 during the previous year. 

5 ‘‘(C) PAYMENT RESTRICTION.—Payments 

6 may not be made from amounts deposited 

7 under subparagraph (A)(iii) until after the Sec8 retary of Labor has approved the expenditure 

9 plan submitted under subparagraph (B)(i). 

10 ‘‘(D) REPORT.—The Secretary of Labor 

11 shall submit an annual report to Congress that 

12 describes the effectiveness of the Common13 wealth Government at meeting the goals set 

14 forth in the expenditure plan submitted under 

15 subparagraph (B)(i).’’; 

16 (2) in subsection (b), by adding at the end the 

17 following: 

18 ‘‘(3) REPORT.—Not later than 3 years after the 

19 date of the enactment of the Northern Mariana Is20 lands U.S. Workforce Act, the Secretary shall sub21 mit a report to the Committee on Energy and Nat22 ural Resources of the Senate, the Committee on the 

23 Judiciary of the Senate, the Committee on Natural 

24 Resources of the House of Representatives, and the 


daltland on DSKBBV9HB2PROD with BILLS
6 

•S 2325 RS

1 Committee on the Judiciary of the House of Rep2 resentatives that— 

3 ‘‘(A) projects the number of asylum claims 

4 the Secretary anticipates following the termi5 nation of the transition period; and 

6 ‘‘(B) describes the efforts of the Secretary 

7 to ensure appropriate interdiction efforts, pro8 vide for appropriate treatment of asylum seek9 ers, and prepare to accept and adjudicate asy10 lum claims in the Commonwealth.’’; 

11 (3) in subsection (d)— 

12 (A) by redesignating paragraphs (2) 

13 through (5) as paragraphs (3) through (6), re14 spectively; 

15 (B) by inserting after paragraph (1) the 

16 following: 

17 ‘‘(2) PROTECTION FOR UNITED STATES WORK18 ERS.— 

19 ‘‘(A) FOREIGN LABOR CERTIFICATION.— 

20 ‘‘(i) IN GENERAL.—Before applying 

21 for a nonimmigrant worker permit under 

22 this subsection, a prospective employer 

23 shall obtain a certification from the De24 partment of Labor confirming the prospec25 tive employer’s assertion that— 


daltland on DSKBBV9HB2PROD with BILLS
7 

•S 2325 RS

1 ‘‘(I) no qualified United States 

2 worker is able, willing, qualified, and 

3 available to accept the proposed job at 

4 the prevailing wage for that occupa5 tion in the Commonwealth; and 

6 ‘‘(II) employment of the foreign 

7 worker will not adversely affect the 

8 wages and working conditions of simi9 larly employed United States workers. 

10 ‘‘(ii) PETITION.—After receiving a 

11 certification under clause (i), a prospective 

12 employer may submit a petition to U.S. 

13 Citizenship and Immigration Services for a 

14 Commonwealth Only Transitional Worker 

15 permit on behalf of the foreign worker. 

16 ‘‘(B) PREVAILING WAGE SURVEY.—In 

17 order to effectuate the requirement for foreign 

18 labor certification, the Department of Labor 

19 shall conduct periodic prevailing wage surveys 

20 in the Commonwealth. 

21 ‘‘(C) MINIMUM WAGE.—An employer shall 

22 pay each Commonwealth Only Transitional 

23 Worker a wage that is not less than the greater 

24 of— 


daltland on DSKBBV9HB2PROD with BILLS
8 

•S 2325 RS

1 ‘‘(i) the statutory minimum wage in 

2 the Commonwealth; 

3 ‘‘(ii) the Federal minimum wage; 

4 ‘‘(iii) the prevailing wage in the Com5 monwealth for the occupation in which the 

6 worker is employed; or 

7 ‘‘(iv) the actual wage level paid by the 

8 employer to any other individual employed 

9 in the same occupation.’’; 

10 (C) by amending paragraph (3), as redes11 ignated, to read as follows: 

12 ‘‘(3) PERMITS.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 establish, administer, and enforce a system for 

15 allocating and determining the number, terms, 

16 and conditions of permits to be issued to pro17 spective employers for each such nonimmigrant 

18 worker described in this subsection who would 

19 not otherwise be eligible for admission under 

20 the Immigration and Nationality Act (8 U.S.C. 

21 1101 et seq.). 

22 ‘‘(B) COMMENTS FROM GOVERNOR.—In 

23 carrying out this paragraph, the Secretary— 

24 ‘‘(i) shall consider, in good faith, any 

25 comments or advice submitted by the GovVerDate Sep 11 2014 22:00 Mar 20, 2018 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S2325.RS S2325

daltland on DSKBBV9HB2PROD with BILLS
9 

•S 2325 RS

1 ernor of the Commonwealth, including any 

2 recommendation to reserve a number of 

3 permits each year for occupational cat4 egories necessary to maintain public health 

5 or safety in the Commonwealth; 

6 ‘‘(ii) shall, not later than 30 days 

7 after the receipt of such comments or ad8 vice, submit a written response to the Gov9 ernor; and 

10 ‘‘(iii) in the Secretary’s sole discre11 tion, may make the reservation of permits 

12 recommended by the Governor. 

13 ‘‘(C) NUMERICAL CAP.—The number of 

14 permits issued under subparagraph (A) may 

15 not exceed 13,000 during fiscal year 2019. 

16 ‘‘(D) ANNUAL ADJUSTMENTS.—Beginning 

17 in fiscal year 2020, and annually thereafter, the 

18 number of permits issued under subparagraph 

19 (A) may not exceed a number that is 500 fewer 

20 than the number of permits that were issued 

21 during the immediately preceding fiscal year. 

22 ‘‘(E) REPORTS REGARDING THE PERCENT23 AGE OF DOMESTIC WORKERS.— 

24 ‘‘(i) BY GOVERNOR.—Not later than 

25 60 days before the end of each calendar 


daltland on DSKBBV9HB2PROD with BILLS
10 

•S 2325 RS

1 year, the Governor shall submit a report to 

2 the Secretary that identifies the ratio be3 tween domestic workers to non-domestic 

4 workers in the Commonwealth’s workforce 

5 based on income tax filings with the Com6 monwealth for the tax year. 

7 ‘‘(ii) BY GAO.—Not later than Decem8 ber 31, 2019, and biennially thereafter, the 

9 Comptroller General of the United States 

10 shall submit a report to the Chair and 

11 Ranking Member of the Committee on En12 ergy and Natural Resources of the Senate 

13 and the Chair and Ranking Member of the 

14 Committee on Natural Resources of the 

15 House of Representatives that identifies 

16 the ratio between domestic workers and 

17 non-domestic workers in the Common18 wealth’s workforce during each of the pre19 vious 5 calendar years. 

20 ‘‘(F) APPLICATION; ISSUANCE OF PER21 MITS.— 

22 ‘‘(i) SUBMISSION.—A prospective em23 ployer may submit an application— 

24 ‘‘(I) for a new permit 180 days 

25 before the beginning of the allocation 


daltland on DSKBBV9HB2PROD with BILLS
11 

•S 2325 RS

1 year in which the permit will become 

2 effective; or 

3 ‘‘(II) for the renewal of an exist4 ing permit 180 days before the end of 

5 the allocation year in which the exist6 ing permit expires. 

7 ‘‘(ii) ADJUDICATION.—The Secretary 

8 shall adjudicate an application for a permit 

9 submitted pursuant to clause (i) not later 

10 than 60 days after the receipt of such ap11 plication. 

12 ‘‘(iii) EMPLOYMENT VERIFICATION.— 

13 The Secretary shall establish a system for 

14 each employer of a Commonwealth Only 

15 Transitional Worker to submit a quarterly 

16 report to the U.S. Immigration and Cus17 toms Enforcement office in the Common18 wealth that provides evidence to verify the 

19 continuing employment and payment of 

20 such worker under the terms and condi21 tions set forth in the permit petition that 

22 the employer filed on behalf of such work23 er. 

24 ‘‘(iv) REVOCATION.— 


daltland on DSKBBV9HB2PROD with BILLS
12 

•S 2325 RS

1 ‘‘(I) IN GENERAL.—The Sec2 retary may revoke a permit approved 

3 under this paragraph if— 

4 ‘‘(aa) the employer fails to 

5 maintain the continuous employ6 ment of the subject worker, fails 

7 to pay the subject worker, or 

8 commits any other violation of 

9 the terms and conditions of em10 ployment; or 

11 ‘‘(bb) the beneficiary of such 

12 petition does not apply for a visa 

13 within 60 days after the approval 

14 of such petition. 

15 ‘‘(II) USE OF REVOKED PETI16 TION.—A revoked petition under this 

17 paragraph shall be immediately avail18 able for use within the same fiscal 

19 year for which the petition was ap20 proved and shall not be further count21 ed against the numerical limit for that 

22 year. 

23 ‘‘(v) LEGITIMATE BUSINESS.— 


daltland on DSKBBV9HB2PROD with BILLS
13 

•S 2325 RS

1 ‘‘(I) IN GENERAL.—A prospective 

2 employer that is not a legitimate busi3 ness may not be granted a petition. 

4 ‘‘(II) DEFINED TERM.—In this 

5 clause, the term ‘legitimate business’ 

6 means a real, active, and operating 

7 commercial or entrepreneurial under8 taking that the Secretary, in the Sec9 retary’s sole discretion, determines— 

10 ‘‘(aa) produces services or 

11 goods for profit, or is a govern12 mental, charitable, or other val13 idly recognized nonprofit entity; 

14 ‘‘(bb) meets applicable legal 

15 requirements for doing business 

16 in the Commonwealth; 

17 ‘‘(cc) has substantially com18 plied with wage and hour laws, 

19 occupational safety and health 

20 requirements, and all other Fed21 eral requirements related to em22 ployment during the preceding 5 

23 years; and 

24 ‘‘(dd) does not directly or in25 directly engage in prostitution, 


daltland on DSKBBV9HB2PROD with BILLS
14 

•S 2325 RS

1 human trafficking, or any other 

2 activity that is illegal under Fed3 eral or Commonwealth law. 

4 ‘‘(vi) CONSTRUCTION OCCUPATIONS.— 

5 A permit for Construction and Extraction 

6 Occupations (as defined by the Depart7 ment of Labor as Standard Occupational 

8 Classification Group 47–0000) may only be 

9 issued to extend a permit that was first 

10 issued before October 1, 2015.’’; 

11 (D) in paragraph (4), as redesignated, by 

12 inserting ‘‘or to Guam for the purpose of tran13 sit only’’ after ‘‘except admission to the Com14 monwealth’’; 

15 (E) in paragraph (5), as redesignated, by 

16 adding at the end the following: ‘‘Approval of a 

17 petition filed by the new employer within the 

18 same fiscal year as the current permit shall not 

19 count against the numerical limitation for that 

20 period.’’; and 

21 (F) by adding at the end the following: 

22 ‘‘(7) CW–3 WORKERS.— 

23 ‘‘(A) DESIGNATION.—The Secretary shall 

24 designate an alien admitted under this sub25 section as a ‘CW–3 worker’ if the alien— 


daltland on DSKBBV9HB2PROD with BILLS
15 

•S 2325 RS

1 ‘‘(i) was admitted to the Common2 wealth as a Commonwealth Only Transi3 tional Worker during fiscal year 2014 and 

4 every subsequent fiscal year beginning be5 fore the date of the enactment of the 

6 Northern Mariana Islands U.S. Workforce 

7 Act; and 

8 ‘‘(ii) is otherwise admissible. 

9 ‘‘(B) PERMIT.— 

10 ‘‘(i) IN GENERAL.—Each CW–3 work11 er shall be deemed to have met the foreign 

12 labor certification requirement under para13 graph (2) and, upon application, shall be 

14 issued a permit to remain in the Common15 wealth during the 3-year period beginning 

16 on the date of the enactment of the North17 ern Mariana Islands U.S. Workforce Act. 

18 ‘‘(ii) RENEWAL.—The permit issued 

19 under clause (i) may be renewed in 3-year 

20 increments during the transition period de21 scribed in subsection (a)(2) if the alien re22 mains outside of the United States for a 

23 continuous period of not less than 30 days 

24 during the 180-day period immediately 

25 preceding each such renewal. 


daltland on DSKBBV9HB2PROD with BILLS
16 

•S 2325 RS

1 ‘‘(iii) NUMERICAL LIMITATION.—Each 

2 permit issued under clause (i) shall count 

3 against the annual numerical limitations 

4 set forth in subparagraphs (C) and (D) of 

5 paragraph (3). 

6 ‘‘(C) ROSTER.—The Secretary shall main7 tain a roster of aliens in this category. 

8 ‘‘(D) FEE.—Employers of CW–3 workers 

9 shall be subject to the annual education fee 

10 under subsection (a)(6). 

11 ‘‘(8) REQUIREMENT TO REMAIN OUTSIDE OF

12 THE UNITED STATES.—Except as provided in para13 graph (7), the permit for a Commonwealth Only 

14 Transitional Worker may not be renewed for more 

15 than 2 consecutive years. An alien may not again be 

16 eligible for such a permit until after the alien has re17 mained outside of the United States for a contin18 uous period of not less than 30 days.’’; and 

19 (4) by adding at the end the following: 

20 ‘‘(i) DEFINITIONS.—In this section: 

21 ‘‘(1) ALLOCATION YEAR.—The term ‘allocation 

22 year’ means the fiscal year immediately following the 

23 current year. 


daltland on DSKBBV9HB2PROD with BILLS
17 

•S 2325 RS

1 ‘‘(2) COMMONWEALTH.—The term ‘Common2 wealth’ means the Commonwealth of the Northern 

3 Mariana Islands. 

4 ‘‘(3) COMMONWEALTH ONLY TRANSITION

5 WORKER.—The term ‘Commonwealth Only Transi6 tion Worker’ means an alien who has been admitted 

7 into the Commonwealth under the transition pro8 gram for the purposes of a permit provided under 

9 subsection (d)(3). 

10 ‘‘(4) CURRENT YEAR.—The term ‘current year’ 

11 means the fiscal year in which an allocation is deter12 mined for the allocation year. 

13 ‘‘(5) DOMESTIC WORKER.—The term ‘domestic 

14 worker’ means any worker who is— 

15 ‘‘(A) a United States worker; or 

16 ‘‘(B) a citizen of the Republic of the Mar17 shall Islands, the Federated States of Micro18 nesia, or the Republic of Palau (known collec19 tively as the ‘Freely Associated States’) who 

20 has been lawfully admitted to the United States 

21 pursuant to— 

22 ‘‘(i) section 141 of the Compact of 

23 Free Association between the Government 

24 of the United States and the Governments 

25 of the Marshall Islands and the Federated 


daltland on DSKBBV9HB2PROD with BILLS
18 

•S 2325 RS

1 States of Micronesia (48 U.S.C. 1921 

2 note); or 

3 ‘‘(ii) section 141 of the Compact of 

4 Free Association between the United 

5 States and the Government of Palau (48 

6 U.S.C. 1931 note). 

7 ‘‘(6) GOVERNOR.—The term ‘Governor’ means 

8 the Governor of the Commonwealth of the Northern 

9 Mariana Islands. 

10 ‘‘(7) SECRETARY.—The term ‘Secretary’ means 

11 the Secretary of Homeland Security. 

12 ‘‘(8) TAX YEAR.—The term ‘tax year’ means 

13 the fiscal year immediately preceding the current 

14 year. 

15 ‘‘(9) UNITED STATES WORKER.—The term 

16 ‘United States worker’ means any worker who is— 

17 ‘‘(A) a citizen or national of the United 

18 States; or 

19 ‘‘(B) an alien who has been— 

20 ‘‘(i) lawfully admitted for permanent 

21 residence; 

22 ‘‘(ii) admitted as a refugee under sec23 tion 207 of the Immigration and Nation24 ality Act (8 U.S.C. 1157); or 


daltland on DSKBBV9HB2PROD with BILLS
19 

•S 2325 RS

1 ‘‘(iii) granted asylum under section 

2 208 of such Act (8 U.S.C. 1158).’’. 

3 (b) RULEMAKING.—Not later than 60 days after the 

4 date of the enactment of this Act, the Secretary of Home5 land Security shall publish regulations in the Federal Reg6 ister to implement the amendments made by subsection 

7 (a). 

8 (c) DEPARTMENT OF THE INTERIOR TECHNICAL AS9 SISTANCE.—Not later than October 1, 2019, and bienni10 ally thereafter, the Secretary of the Interior shall submit 

11 a report to Congress that describes the fulfillment of the 

12 Department of the Interior’s responsibilities to the Com13 monwealth of the Northern Mariana Islands— 

14 (1) to identify opportunities for economic 

15 growth and diversification; 

16 (2) to provide assistance in recruiting, training, 

17 and hiring United States workers; and 

18 (3) to provide such other technical assistance 

19 and consultation as outlined in section 702(e) of the 

20 Consolidated Natural Resources Act of 2008 (48 

21 U.S.C. 1807). 

22 SECTION 1. SHORT TITLE. 

23 This Act may be cited as the ‘‘Northern Mariana Is24 lands U.S. Workforce Act’’. 


daltland on DSKBBV9HB2PROD with BILLS
20 

•S 2325 RS

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to increase the percentage of United States 

4 workers (as defined in section 6(i) of the Joint Reso5 lution entitled ‘‘A Joint Resolution to approve the 

6 ‘Covenant To Establish a Commonwealth of the 

7 Northern Mariana Islands in Political Union with 

8 the United States of America’, and for other pur9 poses’’ (48 U.S.C. 1806)) in the total workforce of the 

10 Commonwealth of the Northern Mariana Islands, 

11 while maintaining the minimum number of workers 

12 who are not United States workers to meet the chang13 ing demands of the Northern Mariana Islands’ econ14 omy; 

15 (2) to encourage the hiring of United States 

16 workers into such workforce; and 

17 (3) to ensure that no United States worker— 

18 (A) is at a competitive disadvantage for em19 ployment compared to a worker who is not a 

20 United States worker; or 

21 (B) is displaced by a worker who is not a 

22 United States worker. 

23 SEC. 3. TRANSITIONAL PROVISIONS. 

24 (a) IN GENERAL.—Section 6 of the Joint Resolution 

25 entitled ‘‘A Joint Resolution to approve the ‘Covenant To 

26 Establish a Commonwealth of the Northern Mariana IsVerDate Sep 11 2014 22:00 Mar 20, 2018 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\S2325.RS S2325

daltland on DSKBBV9HB2PROD with BILLS
21 

•S 2325 RS

1 lands in Political Union with the United States of Amer2 ica’, and for other purposes’’ (48 U.S.C. 1806) is amend3 ed— 

4 (1) in subsection (a)— 

5 (A) in paragraph (2), by striking ‘‘2019’’ 

6 and inserting ‘‘2029’’; and 

7 (B) by amending paragraph (6) to read as 

8 follows: 

9 ‘‘(6) FEES FOR TRAINING UNITED STATES WORK10 ERS.— 

11 ‘‘(A) SUPPLEMENTAL FEE.— 

12 ‘‘(i) IN GENERAL.—In addition to fees 

13 imposed pursuant to section 286(m) of the 

14 Immigration and Nationality Act (8 U.S.C. 

15 1356(m)) to recover the full costs of adju16 dication services, the Secretary shall impose 

17 an annual supplemental fee of $200 per 

18 nonimmigrant worker on each prospective 

19 employer who is issued a permit under sub20 section (d)(3) during the transition pro21 gram. A prospective employer that is issued 

22 a permit with a validity period of longer 

23 than 1 year shall pay the fee for each year 

24 of requested validity at the time the permit 

25 is issued. 


daltland on DSKBBV9HB2PROD with BILLS
22 

•S 2325 RS

1 ‘‘(ii) INFLATION ADJUSTMENT.—Begin2 ning in fiscal year 2020, the Secretary, 

3 through notice in the Federal Register, may 

4 annually adjust the supplemental fee im5 posed under clause (i) by a percentage equal 

6 to the annual change in the Consumer Price 

7 Index for All Urban Consumers published 

8 by the Bureau of Labor Statistics. 

9 ‘‘(iii) USE OF FUNDS.—Amounts col10 lected pursuant to clause (i) shall be depos11 ited into the Treasury of the Commonwealth 

12 Government for the sole and exclusive pur13 pose of funding vocational education, ap14 prenticeships, or other training programs 

15 for United States workers. 

16 ‘‘(iv) FRAUD PREVENTION AND DETEC17 TION FEE.—In addition to the fees described 

18 in clause (i), the Secretary— 

19 ‘‘(I) shall impose, on each pro20 spective employer filing a petition 

21 under this subsection for 1 or more 

22 nonimmigrant workers, a $50 fraud 

23 prevention and detection fee; and 

24 ‘‘(II) shall deposit and use the fees 

25 collected under subclause (I) in accordVerDate Sep 11 2014 22:00 Mar 20, 2018 Jkt 079200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6203 E:\BILLS\S2325.RS S2325

daltland on DSKBBV9HB2PROD with BILLS
23 

•S 2325 RS

1 ance with section 286(v)(2)(B) of the 

2 Immigration and Nationality Act (8 

3 U.S.C. 1356(v)(2)(B)). 

4 ‘‘(B) PLAN FOR THE EXPENDITURE OF

5 FUNDS.—Not later than 120 days before the first 

6 day of fiscal year 2020, and annually thereafter, 

7 the Governor of the Commonwealth Government 

8 shall submit to the Secretary of Labor— 

9 ‘‘(i) a plan for the expenditures of 

10 amounts deposited under subparagraph 

11 (A)(iii); 

12 ‘‘(ii) a projection of the effectiveness of 

13 such expenditures in the placement of 

14 United States workers into jobs held by 

15 non-United States workers; and 

16 ‘‘(iii) a report on the changes in em17 ployment of United States workers attrib18 utable to expenditures of such amounts dur19 ing the previous year. 

20 ‘‘(C) DETERMINATION AND REPORT.—Not 

21 later than 120 days after receiving each expendi22 ture plan under subparagraph (B)(i), the Sec23 retary of Labor shall— 

24 ‘‘(i) issue a determination on the plan; 

25 and 


daltland on DSKBBV9HB2PROD with BILLS
24 

•S 2325 RS

1 ‘‘(ii) submit a report to Congress that 

2 describes the effectiveness of the Common3 wealth Government at meeting the goals set 

4 forth in such plan. 

5 ‘‘(D) PAYMENT RESTRICTION.—Payments 

6 may not be made in a fiscal year from amounts 

7 deposited under subparagraph (A)(iii) before the 

8 Secretary of Labor has approved the expenditure 

9 plan submitted under subparagraph (B)(i) for 

10 that fiscal year.’’; 

11 (2) in subsection (b), by adding at the end the 

12 following: 

13 ‘‘(3) REPORT.—Not later than December 1, 2027, 

14 the Secretary shall submit a report to the Committee 

15 on Energy and Natural Resources of the Senate, the 

16 Committee on the Judiciary of the Senate, the Com17 mittee on Natural Resources of the House of Rep18 resentatives, and the Committee on the Judiciary of 

19 the House of Representatives that— 

20 ‘‘(A) projects the number of asylum claims 

21 the Secretary anticipates following the termi22 nation of the transition period; and 

23 ‘‘(B) describes the efforts of the Secretary to 

24 ensure appropriate interdiction efforts, provide 

25 for appropriate treatment of asylum seekers, and 


daltland on DSKBBV9HB2PROD with BILLS
25 

•S 2325 RS

1 prepare to accept and adjudicate asylum claims 

2 in the Commonwealth.’’; 

3 (3) in subsection (d)— 

4 (A) by redesignating paragraphs (2) 

5 through (5) as paragraphs (3) through (6), re6 spectively; 

7 (B) by inserting after paragraph (1) the fol8 lowing: 

9 ‘‘(2) PROTECTION FOR UNITED STATES WORK10 ERS.— 

11 ‘‘(A) TEMPORARY LABOR CERTIFICATION.— 

12 ‘‘(i) IN GENERAL.—Beginning in fiscal 

13 year 2020, a petition to import a non14 immigrant worker under this subsection 

15 may not be approved by the Secretary un16 less the petitioner has applied to the Sec17 retary of Labor for a temporary labor cer18 tification confirming that— 

19 ‘‘(I) there are not sufficient 

20 United States workers in the Common21 wealth who are able, willing, qualified, 

22 and available at the time and place 

23 needed to perform the services or labor 

24 involved in the petition; and 


daltland on DSKBBV9HB2PROD with BILLS
26 

•S 2325 RS

1 ‘‘(II) employment of the non2 immigrant worker will not adversely 

3 affect the wages and working condi4 tions of similarly employed United 

5 States workers. 

6 ‘‘(ii) PETITION.—After receiving a 

7 temporary labor certification under clause 

8 (i), a prospective employer may submit a 

9 petition to the Secretary for a Common10 wealth Only Transitional Worker permit on 

11 behalf of the nonimmigrant worker. 

12 ‘‘(B) PREVAILING WAGE SURVEY.— 

13 ‘‘(i) IN GENERAL.—In order to effec14 tuate the requirement for a temporary labor 

15 certification under subparagraph (A)(i), the 

16 Secretary of Labor shall use, or make avail17 able to employers, an occupational wage 

18 survey conducted by the Governor that the 

19 Secretary of Labor has determined meets the 

20 statistical standards for determining pre21 vailing wages in the Commonwealth on an 

22 annual basis. 

23 ‘‘(ii) ALTERNATIVE METHOD FOR DE24 TERMINING THE PREVAILING WAGE.—In the 

25 absence of an occupational wage survey apVerDate Sep 11 2014 22:00 Mar 20, 2018 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6203 E:\BILLS\S2325.RS S2325

daltland on DSKBBV9HB2PROD with BILLS
27 

•S 2325 RS

1 proved by the Secretary of Labor under 

2 clause (i), the prevailing wage for an occu3 pation in the Commonwealth shall be the 

4 arithmetic mean of the wages of workers 

5 similarly employed in the territory of 

6 Guam according to the wage component of 

7 the Occupational Employment Statistics 

8 Survey conducted by the Bureau of Labor 

9 Statistics. 

10 ‘‘(C) MINIMUM WAGE.—An employer shall 

11 pay each Commonwealth Only Transitional 

12 Worker a wage that is not less than the greater 

13 of— 

14 ‘‘(i) the statutory minimum wage in 

15 the Commonwealth; 

16 ‘‘(ii) the Federal minimum wage; or 

17 ‘‘(iii) the prevailing wage in the Com18 monwealth for the occupation in which the 

19 worker is employed.’’; 

20 (C) by amending paragraph (3), as redesig21 nated, to read as follows: 

22 ‘‘(3) PERMITS.— 

23 ‘‘(A) IN GENERAL.—The Secretary shall es24 tablish, administer, and enforce a system for al25 locating and determining terms and conditions 


daltland on DSKBBV9HB2PROD with BILLS
28 

•S 2325 RS

1 of permits to be issued to prospective employers 

2 for each nonimmigrant worker described in this 

3 subsection who would not otherwise be eligible for 

4 admission under the Immigration and Nation5 ality Act (8 U.S.C. 1101 et seq.). 

6 ‘‘(B) NUMERICAL CAP.—The number of per7 mits issued under subparagraph (A) may not ex8 ceed— 

9 ‘‘(i) 13,000 for fiscal year 2019; 

10 ‘‘(ii) 12,500 for fiscal year 2020; 

11 ‘‘(iii) 12,000 for fiscal year 2021; 

12 ‘‘(iv) 11,500 for fiscal year 2022; 

13 ‘‘(v) 11,000 for fiscal year 2023; 

14 ‘‘(vi) 10,000 for fiscal year 2024; 

15 ‘‘(vii) 9,000 for fiscal year 2025; 

16 ‘‘(viii) 8,000 for fiscal year 2026; 

17 ‘‘(ix) 7,000 for fiscal year 2027; 

18 ‘‘(x) 6,000 for fiscal year 2028; 

19 ‘‘(xi) 5,000 for fiscal year 2029; and 

20 ‘‘(xii) 1,000 for the first quarter of fis21 cal year 2030. 

22 ‘‘(C) REPORTS REGARDING THE PERCENT23 AGE OF UNITED STATES WORKERS.— 

24 ‘‘(i) BY GOVERNOR.—Not later than 60 

25 days before the end of each calendar year, 


daltland on DSKBBV9HB2PROD with BILLS
29 

•S 2325 RS

1 the Governor shall submit a report to the 

2 Secretary that identifies the ratio between 

3 United States workers and other workers in 

4 the Commonwealth’s workforce based on in5 come tax filings with the Commonwealth for 

6 the tax year. 

7 ‘‘(ii) BY GAO.—Not later than Decem8 ber 31, 2019, and biennially thereafter, the 

9 Comptroller General of the United States 

10 shall submit a report to the Chair and 

11 Ranking Member of the Committee on En12 ergy and Natural Resources of the Senate, 

13 the Chair and Ranking Member of the Com14 mittee on Natural Resources of the House of 

15 Representatives, the Chair and Ranking 

16 Member of the Committee on Health, Edu17 cation, Labor, and Pensions of the Senate 

18 and the Chair and Ranking Member of the 

19 Committee on Education and the Workforce 

20 of the House of Representatives that identi21 fies the ratio between United States workers 

22 and other workers in the Commonwealth’s 

23 workforce during each of the previous 5 cal24 endar years. 

25 ‘‘(D) PETITION; ISSUANCE OF PERMITS.— 


daltland on DSKBBV9HB2PROD with BILLS
30 

•S 2325 RS

1 ‘‘(i) SUBMISSION.—A prospective em2 ployer may submit a petition for a permit 

3 under this paragraph not earlier than— 

4 ‘‘(I) 120 days before the date on 

5 which the prospective employer needs 

6 the beneficiary’s services; or 

7 ‘‘(II) if the petition is for the re8 newal of an existing permit, not ear9 lier than 180 days before the expira10 tion of such permit. 

11 ‘‘(ii) EMPLOYMENT VERIFICATION.— 

12 The Secretary shall establish a system for 

13 each employer of a Commonwealth Only 

14 Transitional Worker to submit a semi15 annual report to the Secretary and the Sec16 retary of Labor that provides evidence to 

17 verify the continuing employment and pay18 ment of such worker under the terms and 

19 conditions set forth in the permit petition 

20 that the employer filed on behalf of such 

21 worker. 

22 ‘‘(iii) REVOCATION.— 

23 ‘‘(I) IN GENERAL.—The Secretary, 

24 in the Secretary’s discretion, may re25 voke a permit approved under this 


daltland on DSKBBV9HB2PROD with BILLS
31 

•S 2325 RS

1 paragraph for good cause, including 

2 if— 

3 ‘‘(aa) the employer fails to 

4 maintain the continuous employ5 ment of the subject worker, fails to 

6 pay the subject worker, fails to 

7 timely file a semiannual report 

8 required under this paragraph, or 

9 commits any other violation of the 

10 terms and conditions of employ11 ment; 

12 ‘‘(bb) the beneficiary of such 

13 petition does not apply for admis14 sion to the Commonwealth by the 

15 date that is 10 days after the pe16 riod of petition validity begins, if 

17 the employer has requested con18 sular processing; or 

19 ‘‘(cc) the employer fails to 

20 provide a former, current, or pro21 spective Commonwealth Only 

22 Transitional Worker, not later 

23 than 21 business days after receiv24 ing a written request from such 

25 worker, with the original (or a 


daltland on DSKBBV9HB2PROD with BILLS
32 

•S 2325 RS

1 certified copy of the original) of 

2 all petitions, notices, and other 

3 written communication related to 

4 the worker (other than sensitive fi5 nancial or proprietary informa6 tion of the employer, which may 

7 be redacted) that has been ex8 changed between the employer and 

9 the Department of Labor, the De10 partment of Homeland Security, 

11 or any other Federal agency or 

12 department. 

13 ‘‘(II) REALLOCATION OF REVOKED

14 PETITION.—Notwithstanding subpara15 graph (C), for each permit revoked 

16 under subclause (I) in a fiscal year, an 

17 additional permit shall be made avail18 able for use in the subsequent fiscal 

19 year. 

20 ‘‘(iv) LEGITIMATE BUSINESS.— 

21 ‘‘(I) IN GENERAL.—A permit may 

22 not be approved for a prospective em23 ployer that is not a legitimate busi24 ness. 


daltland on DSKBBV9HB2PROD with BILLS
33 

•S 2325 RS

1 ‘‘(II) DEFINED TERM.—In this 

2 clause, the term ‘legitimate business’ 

3 means a real, active, and operating 

4 commercial or entrepreneurial under5 taking that the Secretary, in the Sec6 retary’s sole discretion, determines— 

7 ‘‘(aa) produces services or 

8 goods for profit, or is a govern9 mental, charitable, or other val10 idly recognized nonprofit entity; 

11 ‘‘(bb) meets applicable legal 

12 requirements for doing business in 

13 the Commonwealth; 

14 ‘‘(cc) has substantially com15 plied with wage and hour laws, 

16 occupational safety and health re17 quirements, and all other Federal 

18 and Commonwealth requirements 

19 related to employment during the 

20 preceding 5 years; 

21 ‘‘(dd) does not directly or in22 directly engage in prostitution, 

23 human trafficking, or any other 

24 activity that is illegal under Fed25 eral or Commonwealth law; and 


daltland on DSKBBV9HB2PROD with BILLS
34 

•S 2325 RS

1 ‘‘(ee) is a participant in 

2 good standing in the E-Verify 

3 program. 

4 ‘‘(v) CONSTRUCTION OCCUPATIONS.—A 

5 permit for Construction and Extraction Oc6 cupations (as defined by the Department of 

7 Labor as Standard Occupational Classifica8 tion Group 47-0000) may not be issued for 

9 any worker other than a worker described 

10 in paragraph (7)(B).’’; 

11 (D) in paragraph (4), as redesignated, by 

12 inserting ‘‘or to Guam for the purpose of transit 

13 only’’ after ‘‘except admission to the Common14 wealth’’; 

15 (E) in paragraph (5), as redesignated, by 

16 adding at the end the following: ‘‘Approval of a 

17 petition filed by the new employer with a start 

18 date within the same fiscal year as the current 

19 permit shall not count against the numerical 

20 limitation for that period.’’; and 

21 (F) by adding at the end the following: 

22 ‘‘(7) REQUIREMENT TO REMAIN OUTSIDE OF THE

23 UNITED STATES.— 

24 ‘‘(A) IN GENERAL.—Except as provided in 

25 subparagraph (B)— 


daltland on DSKBBV9HB2PROD with BILLS
35 

•S 2325 RS

1 ‘‘(i) a permit for a Commonwealth 

2 Only Transitional Worker— 

3 ‘‘(I) shall remain valid for a pe4 riod that may not exceed 1 year; and 

5 ‘‘(II) may be renewed for not 

6 more than 2 consecutive, 1-year peri7 ods; and 

8 ‘‘(ii) at the expiration of the second re9 newal period, an alien may not again be el10 igible for such a permit until after the alien 

11 has remained outside of the United States 

12 for a continuous period of at least 30 days. 

13 ‘‘(B) LONG-TERM WORKERS.—An alien who 

14 was admitted to the Commonwealth as a Com15 monwealth Only Transitional Worker during fis16 cal year 2015, and during every subsequent fis17 cal year beginning before the date of the enact18 ment of the Northern Mariana Islands U.S. 

19 Workforce Act, may receive a permit for a Com20 monwealth Only Transitional Worker that is 

21 valid for a period that may not exceed 3 years 

22 and may be renewed for additional 3-year peri23 ods during the transition period. A permit 

24 issued under this subparagraph shall be counted 


daltland on DSKBBV9HB2PROD with BILLS
36 

•S 2325 RS

1 toward the numerical cap for each fiscal year 

2 within the period of petition validity.’’; and 

3 (4) by adding at the end the following: 

4 ‘‘(i) DEFINITIONS.—In this section: 

5 ‘‘(1) COMMONWEALTH.—The term ‘Common6 wealth’ means the Commonwealth of the Northern 

7 Mariana Islands. 

8 ‘‘(2) COMMONWEALTH ONLY TRANSITION WORK9 ER.—The term ‘Commonwealth Only Transition 

10 Worker’ means an alien who has been admitted into 

11 the Commonwealth under the transition program and 

12 is eligible for a permit under subsection (d)(3). 

13 ‘‘(3) GOVERNOR.—The term ‘Governor’ means 

14 the Governor of the Commonwealth of the Northern 

15 Mariana Islands. 

16 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 

17 the Secretary of Homeland Security. 

18 ‘‘(5) TAX YEAR.—The term ‘tax year’ means the 

19 fiscal year immediately preceding the current fiscal 

20 year. 

21 ‘‘(6) UNITED STATES WORKER.—The term 

22 ‘United States worker’ means any worker who is— 

23 ‘‘(A) a citizen or national of the United 

24 States; 


daltland on DSKBBV9HB2PROD with BILLS
37 

•S 2325 RS

1 ‘‘(B) an alien who has been lawfully admit2 ted for permanent residence; or 

3 ‘‘(C) a citizen of the Republic of the Mar4 shall Islands, the Federated States of Micronesia, 

5 or the Republic of Palau (known collectively as 

6 the ‘Freely Associated States’) who has been law7 fully admitted to the United States pursuant 

8 to— 

9 ‘‘(i) section 141 of the Compact of Free 

10 Association between the Government of the 

11 United States and the Governments of the 

12 Marshall Islands and the Federated States 

13 of Micronesia (48 U.S.C. 1921 note); or 

14 ‘‘(ii) section 141 of the Compact of 

15 Free Association between the United States 

16 and the Government of Palau (48 U.S.C. 

17 1931 note).’’. 

18 (b) RULEMAKING.— 

19 (1) SECRETARY OF HOMELAND SECURITY.—Not20 withstanding the requirements under section 553(b) of 

21 title 5, United States Code, the Secretary of Home22 land Security shall publish in the Federal Register, 

23 not later than 180 days after the date of the enact24 ment of this Act, an interim final rule that specifies 

25 how the Secretary intends to implement the amendVerDate Sep 11 2014 22:00 Mar 20, 2018 Jkt 079200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6203 E:\BILLS\S2325.RS S2325

daltland on DSKBBV9HB2PROD with BILLS
38 

•S 2325 RS

1 ments made by subsection (a) that relate to the re2 sponsibilities of the Secretary. 

3 (2) SECRETARY OF LABOR.—Notwithstanding the 

4 requirements under section 553(b) of title 5, United 

5 States Code, the Secretary of Labor shall publish in 

6 the Federal Register, not later than 180 days after the 

7 date of the enactment of this Act, an interim final 

8 rule that specifies how the Secretary intends to imple9 ment the amendments made by subsection (a) that re10 late to the responsibilities of the Secretary. 

11 (3) RECOMMENDATIONS OF THE GOVERNOR.—In 

12 developing the interim final rules under paragraphs 

13 (1) and (2), the Secretary of Homeland Security and 

14 the Secretary of Labor— 

15 (A) shall each consider, in good faith, any 

16 written public recommendations regarding the 

17 implementation of this Act that are submitted by 

18 the Governor of the Commonwealth not later 

19 than 60 days after the date of the enactment of 

20 this Act; and 

21 (B) may include provisions in such rule 

22 that are responsive to any recommendation of 

23 the Governor that is not inconsistent with this 

24 Act, including a recommendation to reserve a 

25 number of permits each year for occupational 


daltland on DSKBBV9HB2PROD with BILLS
39 

•S 2325 RS

1 categories necessary to maintain public health or 

2 safety in the Commonwealth. 

3 (c) DEPARTMENT OF THE INTERIOR TECHNICAL AS4 SISTANCE.—Not later than October 1, 2019, and biennially 

5 thereafter, the Secretary of the Interior shall submit a re6 port to Congress that describes the fulfillment of the Depart7 ment of the Interior’s responsibilities to the Commonwealth 

8 of the Northern Mariana Islands— 

9 (1) to identify opportunities for economic growth 

10 and diversification; 

11 (2) to provide assistance in recruiting, training, 

12 and hiring United States workers; and 

13 (3) to provide such other technical assistance and 

14 consultation as outlined in section 702(e) of the Con15 solidated Natural Resources Act of 2008 (48 U.S.C. 

16 1807). 

17 (d) OUTREACH AND TRAINING.—Not later than 120 

18 days after the date on which the Secretary of Labor pub19 lishes an interim final rule in the Federal Register in ac20 cordance with subsection (b)(2), the Secretary shall conduct 

21 outreach and training in the Commonwealth of the North22 ern Mariana Islands for employers and workers on the for23 eign labor certification process set forth in section 6 of the 

24 Joint Resolution entitled ‘‘A Joint Resolution to approve 

25 the ‘Covenant To Establish a Commonwealth of the NorthVerDate Sep 11 2014 22:00 Mar 20, 2018 Jkt 079200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6203 E:\BILLS\S2325.RS S2325

daltland on DSKBBV9HB2PROD with BILLS
40 

•S 2325 RS

1 ern Mariana Islands in Political Union with the United 

2 States of America’, and for other purposes’’, as amended 

3 by subsection (b), including the minimum wage require4 ment set forth in subsection (d)(2)(C) of such section. 


daltland on DSKBBV9HB2PROD with BILLS

daltland on DSKBBV9HB2PROD with BILLS
Calendar No. 354 

115TH CONGRESS 

2D SESSION S. 2325 

[Report No. 115–214] 

A BILL 

To incentivize the hiring of United States workers 

Islands, and for other purposes. in the Commonwealth of the Northern Mariana 

MARCH 20, 2018 

Reported with an amendment 


daltland on DSKBBV9HB2PROD with BILLS