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

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115th CONGRESS
  2d Session
                                S. 2325

_______________________________________________________________________

                                 AN ACT

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

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

SECTION 1. SHORT TITLE.

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

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to increase the percentage of United States workers (as 
        defined in section 6(i) of the Joint Resolution entitled ``A 
        Joint Resolution to approve the `Covenant To Establish a 
        Commonwealth of the Northern Mariana Islands in Political Union 
        with the United States of America', and for other purposes'' 
        (48 U.S.C. 1806)) in the total workforce of the Commonwealth of 
        the Northern Mariana Islands, while maintaining the minimum 
        number of workers who are not United States workers to meet the 
        changing demands of the Northern Mariana Islands' economy;
            (2) to encourage the hiring of United States workers into 
        such workforce; and
            (3) to ensure that no United States worker--
                    (A) is at a competitive disadvantage for employment 
                compared to a worker who is not a United States worker; 
                or
                    (B) is displaced by a worker who is not a United 
                States worker.

SEC. 3. TRANSITIONAL PROVISIONS.

    (a) In General.--Section 6 of the Joint Resolution entitled ``A 
Joint Resolution to approve the `Covenant To Establish a Commonwealth 
of the Northern Mariana Islands in Political Union with the United 
States of America', and for other purposes'' (48 U.S.C. 1806) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``2019'' and 
                inserting ``2029''; and
                    (B) by amending paragraph (6) to read as follows:
            ``(6) Fees for training united states workers.--
                    ``(A) Supplemental fee.--
                            ``(i) In general.--In addition to fees 
                        imposed pursuant to section 286(m) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1356(m)) to recover the full costs of 
                        adjudication services, the Secretary shall 
                        impose an annual supplemental fee of $200 per 
                        nonimmigrant worker on each prospective 
                        employer who is issued a permit under 
                        subsection (d)(3) during the transition 
                        program. A prospective employer that is issued 
                        a permit with a validity period of longer than 
                        1 year shall pay the fee for each year of 
                        requested validity at the time the permit is 
                        requested.
                            ``(ii) Inflation adjustment.--Beginning in 
                        fiscal year 2020, the Secretary, through notice 
                        in the Federal Register, may annually adjust 
                        the supplemental fee imposed under clause (i) 
                        by a percentage equal to the annual change in 
                        the Consumer Price Index for All Urban 
                        Consumers published by the Bureau of Labor 
                        Statistics.
                            ``(iii) Use of funds.--Amounts collected 
                        pursuant to clause (i) shall be deposited into 
                        the Treasury of the Commonwealth Government for 
                        the sole and exclusive purpose of funding 
                        vocational education, apprenticeships, or other 
                        training programs for United States workers.
                            ``(iv) Fraud prevention and detection 
                        fee.--In addition to the fees described in 
                        clause (i), the Secretary--
                                    ``(I) shall impose, on each 
                                prospective employer filing a petition 
                                under this subsection for 1 or more 
                                nonimmigrant workers, a $50 fraud 
                                prevention and detection fee; and
                                    ``(II) shall deposit and use the 
                                fees collected under subclause (I) in 
                                accordance with section 286(v)(2)(B) of 
                                the Immigration and Nationality Act (8 
                                U.S.C. 1356(v)(2)(B)).
                    ``(B) Plan for the expenditure of funds.--Not later 
                than 120 days before the first day of fiscal year 2020, 
                and annually thereafter, the Governor of the 
                Commonwealth Government shall submit to the Secretary 
                of Labor--
                            ``(i) a plan for the expenditures of 
                        amounts deposited under subparagraph (A)(iii);
                            ``(ii) a projection of the effectiveness of 
                        such expenditures in the placement of United 
                        States workers into jobs held by non-United 
                        States workers; and
                            ``(iii) a report on the changes in 
                        employment of United States workers 
                        attributable to expenditures of such amounts 
                        during the previous year.
                    ``(C) Determination and report.--Not later than 120 
                days after receiving each expenditure plan under 
                subparagraph (B)(i), the Secretary of Labor shall--
                            ``(i) issue a determination on the plan; 
                        and
                            ``(ii) submit a report to Congress that 
                        describes the effectiveness of the Commonwealth 
                        Government at meeting the goals set forth in 
                        such plan.
                    ``(D) Payment restriction.--Payments may not be 
                made in a fiscal year from amounts deposited under 
                subparagraph (A)(iii) before the Secretary of Labor has 
                approved the expenditure plan submitted under 
                subparagraph (B)(i) for that fiscal year.'';
            (2) in subsection (b), by adding at the end the following:
            ``(3) Report.--Not later than December 1, 2027, the 
        Secretary shall submit a report to the Committee on Energy and 
        Natural Resources of the Senate, the Committee on the Judiciary 
        of the Senate, the Committee on Natural Resources of the House 
        of Representatives, and the Committee on the Judiciary of the 
        House of Representatives that--
                    ``(A) projects the number of asylum claims the 
                Secretary anticipates following the termination of the 
                transition period; and
                    ``(B) describes the efforts of the Secretary to 
                ensure appropriate interdiction efforts, provide for 
                appropriate treatment of asylum seekers, and prepare to 
                accept and adjudicate asylum claims in the 
                Commonwealth.'';
            (3) in subsection (d)--
                    (A) by redesignating paragraphs (2) through (5) as 
                paragraphs (3) through (6), respectively;
                    (B) by inserting after paragraph (1) the following:
            ``(2) Protection for united states workers.--
                    ``(A) Temporary labor certification.--
                            ``(i) In general.--Beginning with petitions 
                        filed with employment start dates in fiscal 
                        year 2020, a petition to import a nonimmigrant 
                        worker under this subsection may not be 
                        approved by the Secretary unless the petitioner 
                        has applied to the Secretary of Labor for a 
                        temporary labor certification confirming that--
                                    ``(I) there are not sufficient 
                                United States workers in the 
                                Commonwealth who are able, willing, 
                                qualified, and available at the time 
                                and place needed to perform the 
                                services or labor involved in the 
                                petition; and
                                    ``(II) employment of the 
                                nonimmigrant worker will not adversely 
                                affect the wages and working conditions 
                                of similarly employed United States 
                                workers.
                            ``(ii) Petition.--After receiving a 
                        temporary labor certification under clause (i), 
                        a prospective employer may submit a petition to 
                        the Secretary for a Commonwealth Only 
                        Transitional Worker permit on behalf of the 
                        nonimmigrant worker.
                    ``(B) Prevailing wage survey.--
                            ``(i) In general.--In order to effectuate 
                        the requirement for a temporary labor 
                        certification under subparagraph (A)(i), the 
                        Secretary of Labor shall use, or make available 
                        to employers, an occupational wage survey 
                        conducted by the Governor that the Secretary of 
                        Labor has determined meets the statistical 
                        standards for determining prevailing wages in 
                        the Commonwealth on an annual basis.
                            ``(ii) Alternative method for determining 
                        the prevailing wage.--In the absence of an 
                        occupational wage survey approved by the 
                        Secretary of Labor under clause (i), the 
                        prevailing wage for an occupation in the 
                        Commonwealth shall be the arithmetic mean of 
                        the wages of workers similarly employed in the 
                        territory of Guam according to the wage 
                        component of the Occupational Employment 
                        Statistics Survey conducted by the Bureau of 
                        Labor Statistics.
                    ``(C) Minimum wage.--An employer shall pay each 
                Commonwealth Only Transitional Worker a wage that is 
                not less than the greater of--
                            ``(i) the statutory minimum wage in the 
                        Commonwealth;
                            ``(ii) the Federal minimum wage; or
                            ``(iii) the prevailing wage in the 
                        Commonwealth for the occupation in which the 
                        worker is employed.'';
                    (C) by amending paragraph (3), as redesignated, to 
                read as follows:
            ``(3) Permits.--
                    ``(A) In general.--The Secretary shall establish, 
                administer, and enforce a system for allocating and 
                determining terms and conditions of permits to be 
                issued to prospective employers for each nonimmigrant 
                worker described in this subsection who would not 
                otherwise be eligible for admission under the 
                Immigration and Nationality Act (8 U.S.C. 1101 et 
                seq.).
                    ``(B) Numerical cap.--The number of permits issued 
                under subparagraph (A) may not exceed--
                            ``(i) 13,000 for fiscal year 2019;
                            ``(ii) 12,500 for fiscal year 2020;
                            ``(iii) 12,000 for fiscal year 2021;
                            ``(iv) 11,500 for fiscal year 2022;
                            ``(v) 11,000 for fiscal year 2023;
                            ``(vi) 10,000 for fiscal year 2024;
                            ``(vii) 9,000 for fiscal year 2025;
                            ``(viii) 8,000 for fiscal year 2026;
                            ``(ix) 7,000 for fiscal year 2027;
                            ``(x) 6,000 for fiscal year 2028;
                            ``(xi) 5,000 for fiscal year 2029; and
                            ``(xii) 1,000 for the first quarter of 
                        fiscal year 2030.
                    ``(C) Reports regarding the percentage of united 
                states workers.--
                            ``(i) By governor.--Not later than 60 days 
                        before the end of each calendar year, the 
                        Governor shall submit a report to the Secretary 
                        that identifies the ratio between United States 
                        workers and other workers in the Commonwealth's 
                        workforce based on income tax filings with the 
                        Commonwealth for the tax year.
                            ``(ii) By gao.--Not later than December 31, 
                        2019, and biennially thereafter, the 
                        Comptroller General of the United States shall 
                        submit a report to the Chair and Ranking Member 
                        of the Committee on Energy and Natural 
                        Resources of the Senate, the Chair and Ranking 
                        Member of the Committee on Natural Resources of 
                        the House of Representatives, the Chair and 
                        Ranking Member of the Committee on Health, 
                        Education, Labor, and Pensions of the Senate 
                        and the Chair and Ranking Member of the 
                        Committee on Education and the Workforce of the 
                        House of Representatives that identifies the 
                        ratio between United States workers and other 
                        workers in the Commonwealth's workforce during 
                        each of the previous 5 calendar years.
                    ``(D) Petition; issuance of permits.--
                            ``(i) Submission.--A prospective employer 
                        may submit a petition for a permit under this 
                        paragraph not earlier than--
                                    ``(I) 120 days before the date on 
                                which the prospective employer needs 
                                the beneficiary's services; or
                                    ``(II) if the petition is for the 
                                renewal of an existing permit, not 
                                earlier than 180 days before the 
                                expiration of such permit.
                            ``(ii) Employment verification.--The 
                        Secretary shall establish a system for each 
                        employer of a Commonwealth Only Transitional 
                        Worker to submit a semiannual report to the 
                        Secretary and the Secretary of Labor that 
                        provides evidence to verify the continuing 
                        employment and payment of such worker under the 
                        terms and conditions set forth in the permit 
                        petition that the employer filed on behalf of 
                        such worker.
                            ``(iii) Revocation.--
                                    ``(I) In general.--The Secretary, 
                                in the Secretary's discretion, may 
                                revoke a permit approved under this 
                                paragraph for good cause, including 
                                if--
                                            ``(aa) the employer fails 
                                        to maintain the continuous 
                                        employment of the subject 
                                        worker, fails to pay the 
                                        subject worker, fails to timely 
                                        file a semiannual report 
                                        required under this paragraph, 
                                        commits any other violation of 
                                        the terms and conditions of 
                                        employment, or otherwise ceases 
                                        to operate as a legitimate 
                                        business (as defined in clause 
                                        (iv)(II));
                                            ``(bb) the beneficiary of 
                                        such petition does not apply 
                                        for admission to the 
                                        Commonwealth by the date that 
                                        is 10 days after the period of 
                                        petition validity begins, if 
                                        the employer has requested 
                                        consular processing; or
                                            ``(cc) the employer fails 
                                        to provide a former, current, 
                                        or prospective Commonwealth 
                                        Only Transitional Worker, not 
                                        later than 21 business days 
                                        after receiving a written 
                                        request from such worker, with 
                                        the original (or a certified 
                                        copy of the original) of all 
                                        petitions, notices, and other 
                                        written communication related 
                                        to the worker (other than 
                                        sensitive financial or 
                                        proprietary information of the 
                                        employer, which may be 
                                        redacted) that has been 
                                        exchanged between the employer 
                                        and the Department of Labor, 
                                        the Department of Homeland 
                                        Security, or any other Federal 
                                        agency or department.
                                    ``(II) Reallocation of revoked 
                                petition.--Notwithstanding subparagraph 
                                (C), for each permit revoked under 
                                subclause (I) in a fiscal year, an 
                                additional permit shall be made 
                                available for use in the subsequent 
                                fiscal year.
                            ``(iv) Legitimate business.--
                                    ``(I) In general.--A permit may not 
                                be approved for a prospective employer 
                                that is not a legitimate business.
                                    ``(II) Defined term.--In this 
                                clause, the term `legitimate business' 
                                means a real, active, and operating 
                                commercial or entrepreneurial 
                                undertaking that the Secretary, in the 
                                Secretary's sole discretion, 
                                determines--
                                            ``(aa) produces services or 
                                        goods for profit, or is a 
                                        governmental, charitable, or 
                                        other validly recognized 
                                        nonprofit entity;
                                            ``(bb) meets applicable 
                                        legal requirements for doing 
                                        business in the Commonwealth;
                                            ``(cc) has substantially 
                                        complied with wage and hour 
                                        laws, occupational safety and 
                                        health requirements, and all 
                                        other Federal, Commonwealth, 
                                        and local requirements related 
                                        to employment during the 
                                        preceding 5 years;
                                            ``(dd) does not directly or 
                                        indirectly engage in, or 
                                        knowingly benefit from, 
                                        prostitution, human 
                                        trafficking, or any other 
                                        activity that is illegal under 
                                        Federal, Commonwealth, or local 
                                        law; and
                                            ``(ee) is a participant in 
                                        good standing in the E-Verify 
                                        program;
                                            ``(ff) does not have, as an 
                                        owner, investor, manager, 
                                        operator, or person 
                                        meaningfully involved with the 
                                        undertaking, any individual who 
                                        has been the owner, investor, 
                                        manager, operator, or otherwise 
                                        meaningfully involved with an 
                                        undertaking that does not 
                                        comply with item (cc) or (dd), 
                                        or is the agent of such an 
                                        individual; and
                                            ``(gg) is not a successor 
                                        in interest to an undertaking 
                                        that does not comply with item 
                                        (cc) or (dd).
                            ``(v) Construction occupations.--A permit 
                        for Construction and Extraction Occupations (as 
                        defined by the Department of Labor as Standard 
                        Occupational Classification Group 47-0000) may 
                        not be issued for any worker other than a 
                        worker described in paragraph (7)(B).'';
                    (D) in paragraph (4), as redesignated, by inserting 
                ``or to Guam for the purpose of transit only'' after 
                ``except admission to the Commonwealth'';
                    (E) in paragraph (5), as redesignated, by adding at 
                the end the following: ``Approval of a petition filed 
                by the new employer with a start date within the same 
                fiscal year as the current permit shall not count 
                against the numerical limitation for that period.''; 
                and
                    (F) by adding at the end the following:
            ``(7) Requirement to remain outside of the united states.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B)--
                            ``(i) a permit for a Commonwealth Only 
                        Transitional Worker--
                                    ``(I) shall remain valid for a 
                                period that may not exceed 1 year; and
                                    ``(II) may be renewed for not more 
                                than 2 consecutive, 1-year periods; and
                            ``(ii) at the expiration of the second 
                        renewal period, an alien may not again be 
                        eligible for such a permit until after the 
                        alien has remained outside of the United States 
                        for a continuous period of at least 30 days 
                        prior to the submission of a renewal petition 
                        on their behalf.
                    ``(B) Long-term workers.--An alien who was admitted 
                to the Commonwealth as a Commonwealth Only Transitional 
                Worker during fiscal year 2015, and during every 
                subsequent fiscal year beginning before the date of the 
                enactment of the Northern Mariana Islands U.S. 
                Workforce Act, may receive a permit for a Commonwealth 
                Only Transitional Worker that is valid for a period 
                that may not exceed 3 years and may be renewed for 
                additional 3-year periods during the transition period. 
                A permit issued under this subparagraph shall be 
                counted toward the numerical cap for each fiscal year 
                within the period of petition validity.''; and
            (4) by adding at the end the following:
    ``(i) Definitions.--In this section:
            ``(1) Commonwealth.--The term `Commonwealth' means the 
        Commonwealth of the Northern Mariana Islands.
            ``(2) Commonwealth only transition worker.--The term 
        `Commonwealth Only Transition Worker' means an alien who has 
        been admitted into the Commonwealth under the transition 
        program and is eligible for a permit under subsection (d)(3).
            ``(3) Governor.--The term `Governor' means the Governor of 
        the Commonwealth of the Northern Mariana Islands.
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of Homeland Security.
            ``(5) Tax year.--The term `tax year' means the fiscal year 
        immediately preceding the current fiscal year.
            ``(6) United states worker.--The term `United States 
        worker' means any worker who is--
                    ``(A) a citizen or national of the United States;
                    ``(B) an alien who has been lawfully admitted for 
                permanent residence; or
                    ``(C) a citizen of the Republic of the Marshall 
                Islands, the Federated States of Micronesia, or the 
                Republic of Palau (known collectively as the `Freely 
                Associated States') who has been lawfully admitted to 
                the United States pursuant to--
                            ``(i) section 141 of the Compact of Free 
                        Association between the Government of the 
                        United States and the Governments of the 
                        Marshall Islands and the Federated States of 
                        Micronesia (48 U.S.C. 1921 note); or
                            ``(ii) section 141 of the Compact of Free 
                        Association between the United States and the 
                        Government of Palau (48 U.S.C. 1931 note).''.
    (b) Rulemaking.--
            (1) Secretary of homeland security.--Notwithstanding the 
        requirements under section 553(b) of title 5, United States 
        Code, the Secretary of Homeland Security shall publish in the 
        Federal Register, not later than 180 days after the date of the 
        enactment of this Act, an interim final rule that specifies how 
        the Secretary intends to implement the amendments made by 
        subsection (a) that relate to the responsibilities of the 
        Secretary.
            (2) Secretary of labor.--Notwithstanding the requirements 
        under section 553(b) of title 5, United States Code, the 
        Secretary of Labor shall publish in the Federal Register, not 
        later than 180 days after the date of the enactment of this 
        Act, an interim final rule that specifies how the Secretary 
        intends to implement the amendments made by subsection (a) that 
        relate to the responsibilities of the Secretary.
            (3) Recommendations of the governor.--In developing the 
        interim final rules under paragraphs (1) and (2), the Secretary 
        of Homeland Security and the Secretary of Labor--
                    (A) shall each consider, in good faith, any written 
                public recommendations regarding the implementation of 
                this Act that are submitted by the Governor of the 
                Commonwealth not later than 60 days after the date of 
                the enactment of this Act; and
                    (B) may include provisions in such rule that are 
                responsive to any recommendation of the Governor that 
                is not inconsistent with this Act, including a 
                recommendation to reserve a number of permits each year 
                for occupational categories necessary to maintain 
                public health or safety in the Commonwealth.
    (c) Department of the Interior Technical Assistance.--Not later 
than October 1, 2019, and biennially thereafter, the Secretary of the 
Interior shall submit a report to Congress that describes the 
fulfillment of the Department of the Interior's responsibilities to the 
Commonwealth of the Northern Mariana Islands--
            (1) to identify opportunities for economic growth and 
        diversification;
            (2) to provide assistance in recruiting, training, and 
        hiring United States workers; and
            (3) to provide such other technical assistance and 
        consultation as outlined in section 702(e) of the Consolidated 
        Natural Resources Act of 2008 (48 U.S.C. 1807).
    (d) Outreach and Training.--Not later than 120 days after the date 
on which the Secretary of Labor publishes an interim final rule in the 
Federal Register in accordance with subsection (b)(2), the Secretary 
shall conduct outreach and training in the Commonwealth of the Northern 
Mariana Islands for employers and workers on the foreign labor 
certification process set forth in section 6 of the Joint Resolution 
entitled ``A Joint Resolution to approve the `Covenant To Establish a 
Commonwealth of the Northern Mariana Islands in Political Union with 
the United States of America', and for other purposes'', as amended by 
subsection (b), including the minimum wage requirement set forth in 
subsection (d)(2)(C) of such section.
    (e) Effective Date.--
            (1) In general.--Except as specifically otherwise provided, 
        this Act and the amendments made by this Act--
                    (A) shall take effect on the date of the enactment 
                of this Act; and
                    (B) shall apply to petitions for Commonwealth Only 
                Transitional Workers filed on or after such date.
            (2) Authority of secretary of homeland security.--The 
        Secretary of Homeland Security, in the Secretary's discretion, 
        may delay the effective date of any provision of this Act 
        relating to Commonwealth Only Transition Workers until the 
        effective date of the interim final rule described in 
        subsection (b), except for provisions providing annual 
        numerical caps for such workers.

            Passed the Senate April 23, 2018.

            Attest:

                                                             Secretary.
115th CONGRESS

  2d Session

                                S. 2325

_______________________________________________________________________

                                 AN ACT

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