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. 

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

2 This Act may be cited as the ‘‘Northern Mariana Is3 lands U.S. Workforce Act’’. 

4 SEC. 2. PURPOSES. 

5 The purposes of this Act are— 

6 (1) to increase the percentage of United States 

7 workers (as defined in section 6(i) of the Joint Reso8 lution entitled ‘‘A Joint Resolution to approve the 

9 ‘Covenant To Establish a Commonwealth of the 

10 Northern Mariana Islands in Political Union with 

11 the United States of America’, and for other pur12 poses’’ (48 U.S.C. 1806)) in the total workforce of 

13 the Commonwealth of the Northern Mariana Is14 lands, while maintaining the minimum number of 

15 workers who are not United States workers to meet 

16 the changing demands of the Northern Mariana Is17 lands’ economy; 

18 (2) to encourage the hiring of United States 

19 workers into such workforce; and 

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

21 (A) is at a competitive disadvantage for 

22 employment compared to a worker who is not 

23 a United States worker; or 

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

25 United States worker. 
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1 SEC. 3. TRANSITIONAL PROVISIONS. 

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

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

4 Establish a Commonwealth of the Northern Mariana Is5 lands in Political Union with the United States of Amer6 ica’, and for other purposes’’ (48 U.S.C. 1806) is amend7 ed— 

8 (1) in subsection (a)— 

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

10 and inserting ‘‘2029’’; and 

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

12 follows: 

13 ‘‘(6) FEES FOR TRAINING UNITED STATES

14 WORKERS.— 

15 ‘‘(A) SUPPLEMENTAL FEE.— 

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

17 imposed pursuant to section 286(m) of the 

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

19 1356(m)) to recover the full costs of adju20 dication services, the Secretary shall im21 pose an annual supplemental fee of $200 

22 per nonimmigrant worker on each prospec23 tive employer who is issued a permit under 

24 subsection (d)(3) during the transition pro25 gram. A prospective employer that is 

26 issued a permit with a validity period of 
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1 longer than 1 year shall pay the fee for 

2 each year of requested validity at the time 

3 the permit is requested. 

4 ‘‘(ii) INFLATION ADJUSTMENT.—Be5 ginning in fiscal year 2020, the Secretary, 

6 through notice in the Federal Register, 

7 may annually adjust the supplemental fee 

8 imposed under clause (i) by a percentage 

9 equal to the annual change in the Con10 sumer Price Index for All Urban Con11 sumers published by the Bureau of Labor 

12 Statistics. 

13 ‘‘(iii) USE OF FUNDS.—Amounts col14 lected pursuant to clause (i) shall be de15 posited into the Treasury of the Common16 wealth Government for the sole and exclu17 sive purpose of funding vocational edu18 cation, apprenticeships, or other training 

19 programs for United States workers. 

20 ‘‘(iv) FRAUD PREVENTION AND DE21 TECTION FEE.—In addition to the fees de22 scribed in clause (i), the Secretary— 

23 ‘‘(I) shall impose, on each pro24 spective employer filing a petition 

25 under this subsection for 1 or more 
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1 nonimmigrant workers, a $50 fraud 

2 prevention and detection fee; and 

3 ‘‘(II) shall deposit and use the 

4 fees collected under subclause (I) in 

5 accordance with section 286(v)(2)(B) 

6 of the Immigration and Nationality 

7 Act (8 U.S.C. 1356(v)(2)(B)). 

8 ‘‘(B) PLAN FOR THE EXPENDITURE OF

9 FUNDS.—Not later than 120 days before the 

10 first day of fiscal year 2020, and annually 

11 thereafter, the Governor of the Commonwealth 

12 Government shall submit to the Secretary of 

13 Labor— 

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

15 amounts deposited under subparagraph 

16 (A)(iii); 

17 ‘‘(ii) a projection of the effectiveness 

18 of such expenditures in the placement of 

19 United States workers into jobs held by 

20 non-United States workers; and 

21 ‘‘(iii) a report on the changes in em22 ployment of United States workers attrib23 utable to expenditures of such amounts 

24 during the previous year. 
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1 ‘‘(C) DETERMINATION AND REPORT.—Not 

2 later than 120 days after receiving each ex3 penditure plan under subparagraph (B)(i), the 

4 Secretary of Labor shall— 

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

6 and 

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

8 describes the effectiveness of the Common9 wealth Government at meeting the goals 

10 set forth in such plan. 

11 ‘‘(D) PAYMENT RESTRICTION.—Payments 

12 may not be made in a fiscal year from amounts 

13 deposited under subparagraph (A)(iii) before 

14 the Secretary of Labor has approved the ex15 penditure plan submitted under subparagraph 

16 (B)(i) for that fiscal year.’’; 

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

18 following: 

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

20 2027, the Secretary shall submit a report to the 

21 Committee on Energy and Natural Resources of the 

22 Senate, the Committee on the Judiciary of the Sen23 ate, the Committee on Natural Resources of the 

24 House of Representatives, and the Committee on the 

25 Judiciary of the House of Representatives that— 
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1 ‘‘(A) projects the number of asylum claims 

2 the Secretary anticipates following the termi3 nation of the transition period; and 

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

5 to ensure appropriate interdiction efforts, pro6 vide for appropriate treatment of asylum seek7 ers, and prepare to accept and adjudicate asy8 lum claims in the Commonwealth.’’; 

9 (3) in subsection (d)— 

10 (A) by redesignating paragraphs (2) 

11 through (5) as paragraphs (3) through (6), re12 spectively; 

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

14 following: 

15 ‘‘(2) PROTECTION FOR UNITED STATES WORK16 ERS.— 

17 ‘‘(A) TEMPORARY LABOR CERTIFI18 CATION.— 

19 ‘‘(i) IN GENERAL.—Beginning with 

20 petitions filed with employment start dates 

21 in fiscal year 2020, a petition to import a 

22 nonimmigrant worker under this sub23 section may not be approved by the Sec24 retary unless the petitioner has applied to 
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1 the Secretary of Labor for a temporary 

2 labor certification confirming that— 

3 ‘‘(I) there are not sufficient 

4 United States workers in the Com5 monwealth who are able, willing, 

6 qualified, and available at the time 

7 and place needed to perform the serv8 ices or labor involved in the petition; 

9 and 

10 ‘‘(II) employment of the non11 immigrant worker will not adversely 

12 affect the wages and working condi13 tions of similarly employed United 

14 States workers. 

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

16 temporary labor certification under clause 

17 (i), a prospective employer may submit a 

18 petition to the Secretary for a Common19 wealth Only Transitional Worker permit on 

20 behalf of the nonimmigrant worker. 

21 ‘‘(B) PREVAILING WAGE SURVEY.— 

22 ‘‘(i) IN GENERAL.—In order to effec23 tuate the requirement for a temporary 

24 labor certification under subparagraph 

25 (A)(i), the Secretary of Labor shall use, or 
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1 make available to employers, an occupa2 tional wage survey conducted by the Gov3 ernor that the Secretary of Labor has de4 termined meets the statistical standards 

5 for determining prevailing wages in the 

6 Commonwealth on an annual basis. 

7 ‘‘(ii) ALTERNATIVE METHOD FOR DE8 TERMINING THE PREVAILING WAGE.—In 

9 the absence of an occupational wage survey 

10 approved by the Secretary of Labor under 

11 clause (i), the prevailing wage for an occu12 pation in the Commonwealth shall be the 

13 arithmetic mean of the wages of workers 

14 similarly employed in the territory of 

15 Guam according to the wage component of 

16 the Occupational Employment Statistics 

17 Survey conducted by the Bureau of Labor 

18 Statistics. 

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

20 pay each Commonwealth Only Transitional 

21 Worker a wage that is not less than the greater 

22 of— 

23 ‘‘(i) the statutory minimum wage in 

24 the Commonwealth; 

25 ‘‘(ii) the Federal minimum wage; or 
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1 ‘‘(iii) the prevailing wage in the Com2 monwealth for the occupation in which the 

3 worker is employed.’’; 

4 (C) by amending paragraph (3), as redes5 ignated, to read as follows: 

6 ‘‘(3) PERMITS.— 

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

8 establish, administer, and enforce a system for 

9 allocating and determining terms and condi10 tions of permits to be issued to prospective em11 ployers for each nonimmigrant worker described 

12 in this subsection who would not otherwise be 

13 eligible for admission under the Immigration 

14 and Nationality Act (8 U.S.C. 1101 et seq.). 

15 ‘‘(B) NUMERICAL CAP.—The number of 

16 permits issued under subparagraph (A) may 

17 not exceed— 

18 ‘‘(i) 13,000 for fiscal year 2019; 

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

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

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

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

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

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

25 ‘‘(viii) 8,000 for fiscal year 2026; 
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1 ‘‘(ix) 7,000 for fiscal year 2027; 

2 ‘‘(x) 6,000 for fiscal year 2028; 

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

4 ‘‘(xii) 1,000 for the first quarter of 

5 fiscal year 2030. 

6 ‘‘(C) REPORTS REGARDING THE PERCENT7 AGE OF UNITED STATES WORKERS.— 

8 ‘‘(i) BY GOVERNOR.—Not later than 

9 60 days before the end of each calendar 

10 year, the Governor shall submit a report to 

11 the Secretary that identifies the ratio be12 tween United States workers and other 

13 workers in the Commonwealth’s workforce 

14 based on income tax filings with the Com15 monwealth for the tax year. 

16 ‘‘(ii) BY GAO.—Not later than Decem17 ber 31, 2019, and biennially thereafter, the 

18 Comptroller General of the United States 

19 shall submit a report to the Chair and 

20 Ranking Member of the Committee on En21 ergy and Natural Resources of the Senate, 

22 the Chair and Ranking Member of the 

23 Committee on Natural Resources of the 

24 House of Representatives, the Chair and 

25 Ranking Member of the Committee on 
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1 Health, Education, Labor, and Pensions of 

2 the Senate and the Chair and Ranking 

3 Member of the Committee on Education 

4 and the Workforce of the House of Rep5 resentatives that identifies the ratio be6 tween United States workers and other 

7 workers in the Commonwealth’s workforce 

8 during each of the previous 5 calendar 

9 years. 

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

11 ‘‘(i) SUBMISSION.—A prospective em12 ployer may submit a petition for a permit 

13 under this paragraph not earlier than— 

14 ‘‘(I) 120 days before the date on 

15 which the prospective employer needs 

16 the beneficiary’s services; or 

17 ‘‘(II) if the petition is for the re18 newal of an existing permit, not ear19 lier than 180 days before the expira20 tion of such permit. 

21 ‘‘(ii) EMPLOYMENT VERIFICATION.— 

22 The Secretary shall establish a system for 

23 each employer of a Commonwealth Only 

24 Transitional Worker to submit a semi25 annual report to the Secretary and the 
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1 Secretary of Labor that provides evidence 

2 to verify the continuing employment and 

3 payment of such worker under the terms 

4 and conditions set forth in the permit peti5 tion that the employer filed on behalf of 

6 such worker. 

7 ‘‘(iii) REVOCATION.— 

8 ‘‘(I) IN GENERAL.—The Sec9 retary, in the Secretary’s discretion, 

10 may revoke a permit approved under 

11 this paragraph for good cause, includ12 ing if— 

13 ‘‘(aa) the employer fails to 

14 maintain the continuous employ15 ment of the subject worker, fails 

16 to pay the subject worker, fails to 

17 timely file a semiannual report 

18 required under this paragraph, 

19 commits any other violation of 

20 the terms and conditions of em21 ployment, or otherwise ceases to 

22 operate as a legitimate business 

23 (as defined in clause (iv)(II)); 

24 ‘‘(bb) the beneficiary of such 

25 petition does not apply for admis-
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1 sion to the Commonwealth by the 

2 date that is 10 days after the pe3 riod of petition validity begins, if 

4 the employer has requested con5 sular processing; or 

6 ‘‘(cc) the employer fails to 

7 provide a former, current, or pro8 spective Commonwealth Only 

9 Transitional Worker, not later 

10 than 21 business days after re11 ceiving a written request from 

12 such worker, with the original (or 

13 a certified copy of the original) of 

14 all petitions, notices, and other 

15 written communication related to 

16 the worker (other than sensitive 

17 financial or proprietary informa18 tion of the employer, which may 

19 be redacted) that has been ex20 changed between the employer 

21 and the Department of Labor, 

22 the Department of Homeland Se23 curity, or any other Federal 

24 agency or department. 
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1 ‘‘(II) REALLOCATION OF RE2 VOKED PETITION.—Notwithstanding 

3 subparagraph (C), for each permit re4 voked under subclause (I) in a fiscal 

5 year, an additional permit shall be 

6 made available for use in the subse7 quent fiscal year. 

8 ‘‘(iv) LEGITIMATE BUSINESS.— 

9 ‘‘(I) IN GENERAL.—A permit 

10 may not be approved for a prospective 

11 employer that is not a legitimate busi12 ness. 

13 ‘‘(II) DEFINED TERM.—In this 

14 clause, the term ‘legitimate business’ 

15 means a real, active, and operating 

16 commercial or entrepreneurial under17 taking that the Secretary, in the Sec18 retary’s sole discretion, determines— 

19 ‘‘(aa) produces services or 

20 goods for profit, or is a govern21 mental, charitable, or other val22 idly recognized nonprofit entity; 

23 ‘‘(bb) meets applicable legal 

24 requirements for doing business 

25 in the Commonwealth; 
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1 ‘‘(cc) has substantially com2 plied with wage and hour laws, 

3 occupational safety and health 

4 requirements, and all other Fed5 eral, Commonwealth, and local 

6 requirements related to employ7 ment during the preceding 5 

8 years; 

9 ‘‘(dd) does not directly or in10 directly engage in, or knowingly 

11 benefit from, prostitution, human 

12 trafficking, or any other activity 

13 that is illegal under Federal, 

14 Commonwealth, or local law; and 

15 ‘‘(ee) is a participant in 

16 good standing in the E-Verify 

17 program; 

18 ‘‘(ff) does not have, as an 

19 owner, investor, manager, oper20 ator, or person meaningfully in21 volved with the undertaking, any 

22 individual who has been the 

23 owner, investor, manager, oper24 ator, or otherwise meaningfully 

25 involved with an undertaking 
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1 that does not comply with item 

2 (cc) or (dd), or is the agent of 

3 such an individual; and 

4 ‘‘(gg) is not a successor in 

5 interest to an undertaking that 

6 does not comply with item (cc) or 

7 (dd). 

8 ‘‘(v) CONSTRUCTION OCCUPATIONS.— 

9 A permit for Construction and Extraction 

10 Occupations (as defined by the Depart11 ment of Labor as Standard Occupational 

12 Classification Group 47–0000) may not be 

13 issued for any worker other than a worker 

14 described in paragraph (7)(B).’’; 

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

16 inserting ‘‘or to Guam for the purpose of tran17 sit only’’ after ‘‘except admission to the Com18 monwealth’’; 

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

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

21 petition filed by the new employer with a start 

22 date within the same fiscal year as the current 

23 permit shall not count against the numerical 

24 limitation for that period.’’; and 

25 (F) by adding at the end the following: 
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1 ‘‘(7) REQUIREMENT TO REMAIN OUTSIDE OF

2 THE UNITED STATES.— 

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

4 subparagraph (B)— 

5 ‘‘(i) a permit for a Commonwealth 

6 Only Transitional Worker— 

7 ‘‘(I) shall remain valid for a pe8 riod that may not exceed 1 year; and 

9 ‘‘(II) may be renewed for not 

10 more than 2 consecutive, 1-year peri11 ods; and 

12 ‘‘(ii) at the expiration of the second 

13 renewal period, an alien may not again be 

14 eligible for such a permit until after the 

15 alien has remained outside of the United 

16 States for a continuous period of at least 

17 30 days prior to the submission of a re18 newal petition on their behalf. 

19 ‘‘(B) LONG-TERM WORKERS.—An alien 

20 who was admitted to the Commonwealth as a 

21 Commonwealth Only Transitional Worker dur22 ing fiscal year 2015, and during every subse23 quent fiscal year beginning before the date of 

24 the enactment of the Northern Mariana Islands 

25 U.S. Workforce Act, may receive a permit for 
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1 a Commonwealth Only Transitional Worker 

2 that is valid for a period that may not exceed 

3 3 years and may be renewed for additional 3- 

4 year periods during the transition period. A 

5 permit issued under this subparagraph shall be 

6 counted toward the numerical cap for each fis7 cal year within the period of petition validity.’’; 

8 and 

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

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

11 ‘‘(1) COMMONWEALTH.—The term ‘Common12 wealth’ means the Commonwealth of the Northern 

13 Mariana Islands. 

14 ‘‘(2) COMMONWEALTH ONLY TRANSITION

15 WORKER.—The term ‘Commonwealth Only Transi16 tion Worker’ means an alien who has been admitted 

17 into the Commonwealth under the transition pro18 gram and is eligible for a permit under subsection 

19 (d)(3). 

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

21 the Governor of the Commonwealth of the Northern 

22 Mariana Islands. 

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

24 the Secretary of Homeland Security. 
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1 ‘‘(5) TAX YEAR.—The term ‘tax year’ means 

2 the fiscal year immediately preceding the current fis3 cal year. 

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

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

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

7 States; 

8 ‘‘(B) an alien who has been lawfully admit9 ted for permanent residence; or 

10 ‘‘(C) a citizen of the Republic of the Mar11 shall Islands, the Federated States of Micro12 nesia, or the Republic of Palau (known collec13 tively as the ‘Freely Associated States’) who 

14 has been lawfully admitted to the United States 

15 pursuant to— 

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

17 Free Association between the Government 

18 of the United States and the Governments 

19 of the Marshall Islands and the Federated 

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

21 note); or 

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

23 Free Association between the United 

24 States and the Government of Palau (48 

25 U.S.C. 1931 note).’’. 
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1 (b) RULEMAKING.— 

2 (1) SECRETARY OF HOMELAND SECURITY.— 

3 Notwithstanding the requirements under section 

4 553(b) of title 5, United States Code, the Secretary 

5 of Homeland Security shall publish in the Federal 

6 Register, not later than 180 days after the date of 

7 the enactment of this Act, an interim final rule that 

8 specifies how the Secretary intends to implement the 

9 amendments made by subsection (a) that relate to 

10 the responsibilities of the Secretary. 

11 (2) SECRETARY OF LABOR.—Notwithstanding 

12 the requirements under section 553(b) of title 5, 

13 United States Code, the Secretary of Labor shall 

14 publish in the Federal Register, not later than 180 

15 days after the date of the enactment of this Act, an 

16 interim final rule that specifies how the Secretary 

17 intends to implement the amendments made by sub18 section (a) that relate to the responsibilities of the 

19 Secretary. 

20 (3) RECOMMENDATIONS OF THE GOVERNOR.— 

21 In developing the interim final rules under para22 graphs (1) and (2), the Secretary of Homeland Se23 curity and the Secretary of Labor— 

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

25 written public recommendations regarding the 
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1 implementation of this Act that are submitted 

2 by the Governor of the Commonwealth not later 

3 than 60 days after the date of the enactment of 

4 this Act; and 

5 (B) may include provisions in such rule 

6 that are responsive to any recommendation of 

7 the Governor that is not inconsistent with this 

8 Act, including a recommendation to reserve a 

9 number of permits each year for occupational 

10 categories necessary to maintain public health 

11 or safety in the Commonwealth. 

12 (c) DEPARTMENT OF THE INTERIOR TECHNICAL AS13 SISTANCE.—Not later than October 1, 2019, and bienni14 ally thereafter, the Secretary of the Interior shall submit 

15 a report to Congress that describes the fulfillment of the 

16 Department of the Interior’s responsibilities to the Com17 monwealth of the Northern Mariana Islands— 

18 (1) to identify opportunities for economic 

19 growth and diversification; 

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

21 and hiring United States workers; and 

22 (3) to provide such other technical assistance 

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

24 Consolidated Natural Resources Act of 2008 (48 

25 U.S.C. 1807). 
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1 (d) OUTREACH AND TRAINING.—Not later than 120 

2 days after the date on which the Secretary of Labor pub3 lishes an interim final rule in the Federal Register in ac4 cordance with subsection (b)(2), the Secretary shall con5 duct outreach and training in the Commonwealth of the 

6 Northern Mariana Islands for employers and workers on 

7 the foreign labor certification process set forth in section 

8 6 of the Joint Resolution entitled ‘‘A Joint Resolution to 

9 approve the ‘Covenant To Establish a Commonwealth of 

10 the Northern Mariana Islands in Political Union with the 

11 United States of America’, and for other purposes’’, as 

12 amended by subsection (b), including the minimum wage 

13 requirement set forth in subsection (d)(2)(C) of such sec14 tion. 

15 (e) EFFECTIVE DATE.— 

16 (1) IN GENERAL.—Except as specifically other17 wise provided, this Act and the amendments made 

18 by this Act— 

19 (A) shall take effect on the date of the en20 actment of this Act; and 

21 (B) shall apply to petitions for Common22 wealth Only Transitional Workers filed on or 

23 after such date. 

24 (2) AUTHORITY OF SECRETARY OF HOMELAND

25 SECURITY.—The Secretary of Homeland Security, in 
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1 the Secretary’s discretion, may delay the effective 

2 date of any provision of this Act relating to Com3 monwealth Only Transition Workers until the effec4 tive date of the interim final rule described in sub5 section (b), except for provisions providing annual 

6 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 

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