I 
115TH CONGRESS 
2D SESSION 
H. R. 5956 
To incentivize the hiring of United States workers in the Commonwealth 
of the Northern Mariana Islands, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 24, 2018 
Mr. BISHOP of Utah (for himself and Mr. SABLAN) introduced the following 
bill; which was referred to the Committee on Natural Resources 
A BILL 
To incentivize the hiring of United States workers in the 
Commonwealth of the Northern Mariana Islands, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Northern Mariana Is-
lands U.S. Workforce Act of 2018’’. 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to increase the percentage of United States 
workers (as defined in section 6(i) of the Joint Reso-
lution entitled ‘‘A Joint Resolution to approve the 
VerDate Sep 11 2014 
23:32 Jun 04, 2018
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5956.IH
H5956
SSpencer on DSKBBXCHB2PROD with BILLS
(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 adju-
dication services, the Secretary shall im-
pose an annual supplemental fee of $200 
per nonimmigrant worker on each prospec-
tive employer who is issued a permit under 
subsection (d)(3) during the transition pro-
gram. 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.—Be-
ginning in fiscal year 2020, the Secretary, 
through notice in the Federal Register, 
may annually adjust the supplemental fee 
VerDate Sep 11 2014 
23:32 Jun 04, 2018
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5956.IH
H5956
SSpencer on DSKBBXCHB2PROD with BILLS
imposed under clause (i) by a percentage 
equal to the annual change in the Con-
sumer Price Index for All Urban Con-
sumers published by the Bureau of Labor 
Statistics. 
‘‘(iii) USE OF FUNDS.—Amounts col-
lected pursuant to clause (i) shall be de-
posited into the Treasury of the Common-
wealth Government for the sole and exclu-
sive purpose of funding vocational edu-
cation, apprenticeships, or other training 
programs for United States workers. 
‘‘(iv) FRAUD
PREVENTION
AND
DE-
TECTION FEE.—In addition to the fees de-
scribed in clause (i), the Secretary— 
‘‘(I) shall impose, on each pro-
spective 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) for 
the sole purpose of preventing and de-
tecting immigration benefit fraud in 
the Northern Mariana Islands, in ac-
VerDate Sep 11 2014 
23:32 Jun 04, 2018
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5956.IH
H5956
SSpencer on DSKBBXCHB2PROD with BILLS
cordance 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 em-
ployment of United States workers attrib-
utable to expenditures of such amounts 
during the previous year. 
‘‘(C) DETERMINATION AND REPORT.—Not 
later than 120 days after receiving each ex-
penditure plan under subparagraph (B)(i), the 
Secretary of Labor shall— 
VerDate Sep 11 2014 
23:32 Jun 04, 2018
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5956.IH
H5956
SSpencer on DSKBBXCHB2PROD with BILLS
‘‘(i) issue a determination on the plan; 
and 
‘‘(ii) submit a report to Congress that 
describes the effectiveness of the Common-
wealth 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 ex-
penditure 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 Sen-
ate, 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 termi-
nation of the transition period; and 
VerDate Sep 11 2014 
23:32 Jun 04, 2018
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5956.IH
H5956
SSpencer on DSKBBXCHB2PROD with BILLS
‘‘(B) describes the efforts of the Secretary 
to ensure appropriate interdiction efforts, pro-
vide for appropriate treatment of asylum seek-
ers, and prepare to accept and adjudicate asy-
lum claims in the Commonwealth.’’; 
(3) in subsection (d)— 
(A) 
by 
redesignating 
paragraphs 
(2) 
through (5) as paragraphs (3) through (6), re-
spectively; 
(B) by inserting after paragraph (1) the 
following: 
‘‘(2) PROTECTION FOR UNITED STATES WORK-
ERS.— 
‘‘(A) 
TEMPORARY
LABOR
CERTIFI-
CATION.— 
‘‘(i) IN
GENERAL.—Beginning with 
petitions filed with employment start dates 
in fiscal year 2020, a petition to import a 
nonimmigrant worker under this sub-
section may not be approved by the Sec-
retary 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 Com-
VerDate Sep 11 2014 
23:32 Jun 04, 2018
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5956.IH
H5956
SSpencer on DSKBBXCHB2PROD with BILLS
monwealth who are able, willing, 
qualified, and available at the time 
and place needed to perform the serv-
ices or labor involved in the petition; 
and 
‘‘(II) employment of the non-
immigrant worker will not adversely 
affect the wages and working condi-
tions 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 Common-
wealth Only Transitional Worker permit on 
behalf of the nonimmigrant worker. 
‘‘(B) PREVAILING WAGE SURVEY.— 
‘‘(i) IN GENERAL.—In order to effec-
tuate the requirement for a temporary 
labor certification under subparagraph 
(A)(i), the Secretary of Labor shall use, or 
make available to employers, an occupa-
tional wage survey conducted by the Gov-
ernor that the Secretary of Labor has de-
termined meets the statistical standards 
VerDate Sep 11 2014 
23:32 Jun 04, 2018
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5956.IH
H5956
SSpencer on DSKBBXCHB2PROD with BILLS
for determining prevailing wages in the 
Commonwealth on an annual basis. 
‘‘(ii) ALTERNATIVE METHOD FOR DE-
TERMINING
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 occu-
pation 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 Com-
monwealth for the occupation in which the 
worker is employed.’’; 
VerDate Sep 11 2014 
23:32 Jun 04, 2018
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5956.IH
H5956
SSpencer on DSKBBXCHB2PROD with BILLS
(C) by amending paragraph (3), as redes-
ignated, to read as follows: 
‘‘(3) PERMITS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
establish, administer, and enforce a system for 
allocating and determining terms and condi-
tions of permits to be issued to prospective em-
ployers 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 
VerDate Sep 11 2014 
23:32 Jun 04, 2018
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5956.IH
H5956
SSpencer on DSKBBXCHB2PROD with BILLS
‘‘(xii) 1,000 for the first quarter of 
fiscal year 2030. 
‘‘(C) REPORTS REGARDING THE PERCENT-
AGE 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 be-
tween United States workers and other 
workers in the Commonwealth’s workforce 
based on income tax filings with the Com-
monwealth for the tax year. 
‘‘(ii) BY GAO.—Not later than Decem-
ber 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 En-
ergy 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 
VerDate Sep 11 2014 
23:32 Jun 04, 2018
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5956.IH
H5956
SSpencer on DSKBBXCHB2PROD with BILLS
and the Workforce of the House of Rep-
resentatives that identifies the ratio be-
tween 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 em-
ployer 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 re-
newal of an existing permit, not ear-
lier than 180 days before the expira-
tion of such permit. 
‘‘(ii) EMPLOYMENT
VERIFICATION.— 
The Secretary shall establish a system for 
each employer of a Commonwealth Only 
Transitional Worker to submit a semi-
annual 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 
VerDate Sep 11 2014 
23:32 Jun 04, 2018
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5956.IH
H5956
SSpencer on DSKBBXCHB2PROD with BILLS
and conditions set forth in the permit peti-
tion that the employer filed on behalf of 
such worker. 
‘‘(iii) REVOCATION.— 
‘‘(I) IN
GENERAL.—The Sec-
retary, in the Secretary’s discretion, 
may revoke a permit approved under 
this paragraph for good cause, includ-
ing if— 
‘‘(aa) the employer fails to 
maintain the continuous employ-
ment 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 em-
ployment, 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 admis-
sion to the Commonwealth by the 
date that is 10 days after the pe-
riod of petition validity begins, if 
VerDate Sep 11 2014 
23:32 Jun 04, 2018
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5956.IH
H5956
SSpencer on DSKBBXCHB2PROD with BILLS
the employer has requested con-
sular processing; or 
‘‘(cc) the employer fails to 
provide a former, current, or pro-
spective 
Commonwealth 
Only 
Transitional Worker, not later 
than 21 business days after re-
ceiving 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 informa-
tion of the employer, which may 
be redacted) that has been ex-
changed between the employer 
and the Department of Labor, 
the Department of Homeland Se-
curity, or any other Federal 
agency or department. 
‘‘(II) REALLOCATION
OF
RE-
VOKED
PETITION.—Notwithstanding 
subparagraph (C), for each permit re-
voked under subclause (I) in a fiscal 
VerDate Sep 11 2014 
23:32 Jun 04, 2018
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5956.IH
H5956
SSpencer on DSKBBXCHB2PROD with BILLS