[115th Congress Public Law 218]
[From the U.S. Government Publishing Office]
[[Page 132 STAT. 1547]]
Public Law 115-218
115th Congress
An Act
To incentivize the hiring of United States workers in the Commonwealth
of the Northern Mariana Islands, and for other purposes. <<NOTE: July
24, 2018 - [H.R. 5956]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Northern Mariana
Islands U.S. Workforce Act of 2018. 48 USC 1801 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Mariana Islands U.S.
Workforce Act of 2018''.
SEC. 2. <<NOTE: 48 USC 1806 note.>> 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
[[Page 132 STAT. 1548]]
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. <<NOTE: Time
period.>> 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) <<NOTE: Effective date. Notice. Federal
Register, publication.>> 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 one 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
detecting immigration benefit fraud in
the Northern Mariana Islands, in
accordance with section 286(v)(2)(B) of
the Immigration and Nationality Act (8
U.S.C. 1356(v)(2)(B)).
``(B) <<NOTE: Deadlines. Effective date.>> 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) <<NOTE: Reports.>> 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.
[[Page 132 STAT. 1549]]
``(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) <<NOTE: Effective date.>> 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) <<NOTE: Determination.>> 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
[[Page 132 STAT. 1550]]
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) <<NOTE: Time period.>> 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
[[Page 132 STAT. 1551]]
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) <<NOTE: Time periods.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Deadlines.>> 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
[[Page 132 STAT. 1552]]
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;
``(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) <<NOTE: Time periods.>> Requirement to remain outside
of the united states.--
[[Page 132 STAT. 1553]]
``(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 two 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 of 2018, 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).''.
[[Page 132 STAT. 1554]]
(b) <<NOTE: Federal Register, publication. Deadlines. 48 USC 1806
note.>> 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) <<NOTE: Deadlines. Reports. 48 USC 1807 note.>> 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) <<NOTE: Deadline. 48 USC 1806 note.>> 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) <<NOTE: 48 USC 1806 note.>> Effective Date.--
(1) In general.--Except as specifically otherwise provided,
this Act and the amendments made by this Act--
[[Page 132 STAT. 1555]]
(A) shall take effect on the date of the enactment
of this Act; and
(B) <<NOTE: Applicability.>> 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.
Approved July 24, 2018.
LEGISLATIVE HISTORY--H.R. 5956:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 164 (2018):
June 5, considered and passed House.
June 28, considered and passed Senate.
<all>