United States 115th Congress ✓ Enacted · P.L. 115-218 1 R cosponsors

HR 5956 — Northern Mariana Islands U.S. Workforce Act of 2018

Last action — Became Public Law No: 115-218.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced May 24, 2018. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 52% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

The bill incentivizes hiring U.S. workers in the Northern Mariana Islands.

This act aims to increase the employment of U.S. workers in the Northern Mariana Islands by providing incentives and setting fees for nonimmigrant workers. It establishes plans for training and reports on progress by local authorities.

What this means for you
  • Workers: This means more job opportunities for U.S. workers in the Northern Mariana Islands.
  • Families: Families may benefit from increased local job opportunities for U.S. residents.
  • Small Business: Small businesses may face increased costs due to the fees for hiring nonimmigrant workers.

Summary

Northern Mariana Islands U.S. Workforce Act of 2018 (Sec. 3) This bill extends by 10 years, through 2029, and revises the immigration transition program for the Commonwealth of the Northern Mariana Islands (CNMI). The Governor of the CNMI must submit to the Department of Labor, and Labor must approve, a plan for using fees collected for vocational education. Labor must report on the number of asylum seekers it anticipates at the end of the transition program and its efforts to prepare for the asylum seekers. The bill revises the Commonwealth Only Transitional Worker permit system, including to limit the validity of a permit to a one-year period, at most. Employers petitioning for one or more such permits must pay a specified fraud prevention and detection fee. Before an employer's petition for a permit may be approved by Labor, the employer must apply to Labor for a temporary labor certification that confirms (1) there are not sufficient U.S. workers in the CNMI who are able, willing, qualified, and available to perform the work involved in the petition; and (2) employment of the nonimmigrant worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. Workers under permits must be paid the highest of CNMI minimum wage, federal minimum wage, or the prevailing wage for the occupation. The bill provides for renewal of permits and three-year permits for workers permitted since FY2015. The bill caps the number of permits that may be issued each fiscal year. The cap is lowered each year.

Bill Text

What changed in the latest version

288 added · 287 removed

Plain-language change summary

The amendment adds a requirement for the Secretary to impose an annual supplemental fee of $200 per nonimmigrant worker on each prospective employer who is issued a permit under the mentioned subsection. This change specifies a new financial obligation for employers in relation to nonimmigrant workers, which could affect the overall cost of hiring such workers in the Commonwealth of the Northern Mariana Islands.

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[Congressional Bills 115th Congress] [From the U.S.
[115th Congress Public Law 218] [From the U.S.
Government Publishing Office] [H.R.
Government Publishing Office] [[Page 132 STAT.
5956 Received in Senate (RDS)] <DOC> 115th CONGRESS 2d Session H.
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.
R.
<<NOTE:
5956 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES June 6, 2018 Received _______________________________________________________________________ AN ACT To incentivize the hiring of United States workers in the Commonwealth of the Northern Mariana Islands, and for other purposes.
July 24, 2018 - [H.R.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
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.
PURPOSES.
<<NOTE:
48 USC 1806 note.>> PURPOSES.
``(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.
``(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.
A prospective employer that is issued a permit with a validity period of longer than year shall pay the fee for each year of requested validity at the time the permit is requested.
<<NOTE:
``(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.
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.
``(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);
``(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);
and ``(iii) a report on the changes in employment of United States workers attributable to expenditures of such amounts during the previous year.
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.
``(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.'';
[[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) 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;
``(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;
``(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.
``(B) Prevailing wage survey.-- ``(i) <<NOTE:
``(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.
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.
``(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.
``(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.
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;
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;
``(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.
``(ii) <<NOTE:
``(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));
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:
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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));
``(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.
``(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.
``(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;
``(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 years;
``(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;
``(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;
1921 note);
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.
[[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.
(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;
(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;
(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.
(d) <<NOTE:
(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;
Deadline.
and (B) shall apply to petitions for Commonwealth Only Transitional Workers filed on or after such date.
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.
Passed the House of Representatives June 5, 2018.
Approved July 24, 2018.
Attest:
LEGISLATIVE HISTORY--H.R.
KAREN L.
5956:
HAAS, Clerk.
--------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol.
164 (2018):
June 5, considered and passed House.
June 28, considered and passed Senate.
<all>
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How this bill changes current law

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Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill extends the transition program in the Commonwealth of the Northern Mariana Islands until December 31, 2029, and introduces new provisions to enhance the hiring of United States workers.

  • 48 U.S.C. 1806

    2019 → 2029

    The transition period is extended by ten years, allowing for continued adjustments to immigration and labor regulations.

  • 48 U.S.C. 1806

    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 new annual fee is established for employers hiring nonimmigrant workers during the transition program to support workforce training.

  • 48 U.S.C. 1806

    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.

    Funds collected from the new fee will specifically be allocated for training programs for U.S. workers.

  • 48 U.S.C. 1806

    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.

    New requirements for temporary labor certifications will protect U.S. workers by ensuring that employers demonstrate insufficient U.S. labor availability.

  • 48 U.S.C. 1806

    An employer shall pay each Commonwealth Only Transitional Worker a wage that is not less than the greater of the statutory minimum wage in the Commonwealth; the Federal minimum wage; or the prevailing wage in the Commonwealth for the occupation in which the worker is employed.

    A new minimum wage provision ensures that transitional workers are paid equitably, preventing exploitation.

  • 48 U.S.C. 1806

    Not later than December 1, 2027, the Secretary shall submit a report to the relevant Senate and House Committees that projects the number of asylum claims following the termination of the transition period.

    A new reporting requirement is established to prepare for potential increases in asylum claims post-transition.

Action History

  1. Introduced in House

  2. Introduced in House

  3. Referred to the House Committee on Natural Resources.

  4. Mr. Bishop (UT) moved to suspend the rules and pass the bill.

  5. Considered under suspension of the rules. (consideration: CR H4745-4748)

  6. DEBATE - The House proceeded with forty minutes of debate on H.R. 5956.

  7. Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H4745-4747)

  8. On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H4745-4747)

  9. Motion to reconsider laid on the table Agreed to without objection.

  10. Received in the Senate, read twice.

  11. Passed/agreed to in Senate: Passed Senate without amendment by Voice Vote.(consideration: CR S4810; text: CR S4810-4811)

  12. Passed Senate without amendment by Voice Vote. (consideration: CR S4810; text: CR S4810-4811)

  13. Message on Senate action sent to the House.

  14. Presented to President.

  15. Presented to President.

  16. Signed by President.

  17. Signed by President.

  18. Became Public Law No: 115-218.

  19. Became Public Law No: 115-218.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

What does HR 5956 do?
Northern Mariana Islands U.S. Workforce Act of 2018 (Sec. 3) This bill extends by 10 years, through 2029, and revises the immigration transition program for the Commonwealth of the Northern Mariana Islands (CNMI). The Governor of the CNMI must submit to the Department of Labor, and Labor must approve, a plan for using fees collected for vocational education. Labor must report on the number of asylum seekers it anticipates at the end of the transition program and its efforts to prepare for the asylum seekers. The bill revises the Commonwealth Only Transitional Worker permit system, including to limit the validity of a permit to a one-year period, at most. Employers petitioning for one or more such permits must pay a specified fraud prevention and detection fee. Before an employer's petition for a permit may be approved by Labor, the employer must apply to Labor for a temporary labor certification that confirms (1) there are not sufficient U.S. workers in the CNMI who are able, willing, qualified, and available to perform the work involved in the petition; and (2) employment of the nonimmigrant worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. Workers under permits must be paid the highest of CNMI minimum wage, federal minimum wage, or the prevailing wage for the occupation. The bill provides for renewal of permits and three-year permits for workers permitted since FY2015. The bill caps the number of permits that may be issued each fiscal year. The cap is lowered each year.
Who sponsors HR 5956?
HR 5956 is sponsored by Bishop, Rob (Republican).
What is the current status of HR 5956?
This bill has been enacted into law. Introduced May 24, 2018. Enacted.
Where can I track HR 5956?
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