HouseH.R. 9787119th Congress
Northern Mariana Islands Labor Stabilization Act
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9787 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9787
To amend the ``Covenant to Establish a Commonwealth of the Northern
Mariana Islands in Political Union with the United States of America''
to provide for modifications of the labor stabilization program
transition.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 20, 2026
Ms. King-Hinds introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on Natural
Resources, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the ``Covenant to Establish a Commonwealth of the Northern
Mariana Islands in Political Union with the United States of America''
to provide for modifications of the labor stabilization program
transition.
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 Labor
Stabilization Act''.
SEC. 2. MODIFICATIONS TO LABOR STABILIZATION PROGRAM TRANSITION.
(a) Extension of Transition Period.--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)(2), by striking ``December 31, 2029''
and inserting ``the date that is the later of December 31,
2039, or the date on which the labor stabilization program
period expires pursuant to subsection (d)(8)'';
(2) in subsection (d)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (i), by striking
``Beginning'' and inserting ``Subject
to clause (iii) and beginning''; and
(II) by adding at the end the
following:
``(iii) Application of guam temporary labor
certification procedures.--
``(I) In general.--Beginning with
petitions filed with employment start
dates in the first fiscal year after
the date of enactment of the `Northern
Mariana Islands Labor Stabilization
Act', the temporary labor certification
requirements and procedures applicable
to temporary employment on Guam under
clauses (iii) and (v) of section
214.2(h)(6) of title 8, Code of Federal
Regulations (or a successor
regulation), shall apply in the
Commonwealth in the same manner as such
requirements and procedures apply in
Guam, except that any reference to the
Governor of Guam shall be deemed to
refer to the Governor of the
Commonwealth of the Northern Mariana
Islands.
``(II) Petition requirement.--An
approved temporary labor certification
issued pursuant to this clause shall
satisfy the requirement under clause
(i) and shall be submitted with any
petition filed with the Secretary under
clause (ii).''; and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by inserting ``and
subject to clause (iii),''
after ``clause (i),''; and
(bb) by striking ``an
annual basis'' and inserting
``a biennial basis''; and
(II) by adding at the end the
following:
``(iii) Calibration of alternative
method.--The prevailing wage required to be
paid pursuant to clause (ii) shall be 75
percent of the wage determined pursuant to that
section or the Federal minimum wage, whichever
is greater.''.
(B) in paragraph (3)--
(i) in subparagraph (A), by inserting ``,
in consultation with the Governor,'' after
``the Secretary''; and
(ii) by amending subparagraph (B) to read
as follows:
``(B) Numerical cap.--
``(i) In general.--
``(I) Annual numerical
limitation.--For each fiscal year
during the labor stabilization program
period, the Secretary, in consultation
with the Governor, shall establish the
numerical limitation on permits that
may be issued under subparagraph (A)
for such fiscal year. The numerical
limitation established under this
subclause may be increased or decreased
from the numerical limitation
established for the preceding fiscal
year, except that such numerical
limitation may not exceed 15,000 for
any fiscal year.
``(II) Notice.--The Secretary shall
publish in the Federal Register the
numerical limitation established under
subclause (I) not later than 180 days
before the first day of the fiscal year
for which such limitation applies.
``(III) Default limitation.--If the
Secretary does not publish a numerical
limitation under subclause (II) for a
fiscal year, the numerical limitation
for such fiscal year shall be the
numerical limitation in effect for the
preceding fiscal year, except that such
limitation may not exceed 15,000.
``(IV) Supplemental construction
and extraction allocation.--
Notwithstanding any numerical cap set
forth in subclause (I), the Secretary
of Homeland Security shall increase by
3,000, for each such fiscal year, the
total number of permits available under
this subsection for Construction and
Extraction Occupations (as defined by
the Department of Labor as Standard
Occupational Classification Group 47-
0000).
``(ii) Construction occupations.--The
permits allocated for Construction and
Extraction Occupations (as defined by the
Department of Labor as Standard Occupational
Classification Group 47-0000) pursuant to this
subparagraph may only be made available to
foreign workers who are nationals of a country
designated eligible to participate in the
program under section 101(a)(15)(H)(ii)(b) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)) during calendar year
2024.'';
(C) in subparagraph (D)--
(i) in clause (iii)(I)(bb), by striking
``10 days'' and inserting ``90 days''; and
(ii) by striking clause (v); and
(D) by striking subparagraph (E);
(3) by amending paragraph (7) to read as follows:
``(7) Permit validity; long-term workers.--
``(A) In general.--Except as provided in
subparagraph (B), a permit for a Commonwealth Only
Worker shall be valid for a period not to exceed 1
year.
``(B) Renewal.--A permit issued under subparagraph
(A) may be renewed for additional periods of not more
than 1 year each, subject to the requirements of this
subsection.
``(C) Long-term workers.--An alien who was admitted
to the Commonwealth as a Commonwealth Only Transitional
Worker--
``(i) during fiscal year 2015, and
``(ii) during two of the fiscal years 2016,
2017, 2018, or 2019,
may be admitted as a Commonwealth Only Transitional Worker 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 pursuant to this subparagraph shall be counted
toward the numerical cap for each fiscal year for which the
permit is valid.''; and
(4) by adding at the end the following:
``(8) Labor stabilization period.--
``(A) Labor needs.--The Secretary of Labor, in
consultation with the Secretary, the Secretary of
Defense, the Secretary of the Interior, and the
Governor, shall, not later than July 1, 2039--
``(i) determine the labor needs of the
Commonwealth for the ensuing 10-year period;
and
``(ii) determine whether an extension of up
to 10 years is necessary to ensure an adequate
number of workers will be available for
legitimate businesses in the Commonwealth.
``(B) Subsequent determinations.--If the labor
stabilization program period is extended under
subparagraph (C), the Secretary of Labor, in
consultation with the officials described in
subparagraph (A), shall make a new determination under
subparagraph (A) not later than July 1 of the calendar
year in which the labor stabilization program period,
as so extended, is scheduled to expire.
``(C) Extension.--If the Secretary of Labor makes
an affirmative determination under subparagraph (A) or
(B), the Secretary of Labor may extend the labor
stabilization program period for an additional period
of up to 10 years by publishing notice of such
extension in the Federal Register. Each extension under
this subparagraph shall begin on the day after the date
on which the labor stabilization program period would
otherwise expire.
``(D) Successive extensions.--The authority under
this paragraph may be exercised for successive
additional periods of up to 10 years, subject to a new
determination under subparagraph (B) before each such
extension.
``(E) Factors considered.--In making a determination under
this paragraph, the Secretary of Labor may consider, among
other factors, labor market studies within the Commonwealth,
the unemployment rate of United States workers and foreign
workers in the Commonwealth, the good faith efforts made by the
Commonwealth to locate, educate, train, or prepare United
States workers and other individuals eligible to work in the
United States to assume employment, available evidence that
United States workers or other individuals eligible to work in
the United States within the Commonwealth are not willing to
accept jobs that are available, the effect of foreign workers
on compensation, benefits, and living standards of existing
workers, and the prior use of foreign workers to fill industry
jobs including whether the industry requires foreign workers to
fill such jobs.
``(9) Enforcement fee.--
``(A) In general.--In addition to any other fee
applicable to a petition filed under this subsection,
the Secretary shall impose a fee of $150 on each
prospective employer filing such petition.
``(B) Use of amounts.--Notwithstanding section
703(b) of this Joint Resolution, all amounts collected
under subparagraph (A) shall be made available to the
Secretary of Homeland Security to carry out enforcement
of the immigration laws (as such term is defined in
section 101 of the Immigration and Nationality Act) and
this section.''.
(b) Qualified Alien.--Section 431(b) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)) is
amended--
(1) in paragraph (7), by striking ``, or'' and inserting a
comma at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``, or''; and
(3) by adding at the end the following:
``(9) an alien who is lawfully admitted for long-term
residence in the Commonwealth of the Northern Mariana Islands
under section 6(e)(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'.''.
(c) Immigration and Naturalization Fees.--Section 703(b) 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. 1801 note) is amended by striking ``quarantine
and passport fees'' and inserting ``quarantine, passport, immigration
and naturalization fees''.
(d) Commonwealth of the Northern Mariana Islands.--Section
235(b)(1)(A)(iii)(II) of the Immigration and Nationality Act (8 U.S.C.
1225(b)(1)(A)(iii)(II)) is amended--
(1) by striking ``been'' and inserting ``been--''; and
(2) by striking ``admitted or paroled into the United
States, and who has not affirmatively shown, to the
satisfaction of an immigration officer, that the alien has been
physically present in the United States continuously for the 2-
year period immediately prior to the date of the determination
of inadmissibility under this subparagraph.'' and inserting the
following:
``(aa) admitted or paroled
into the United States, and who
has not affirmatively shown, to
the satisfaction of an
immigration officer, that the
alien has been physically
present in the United States
continuously for the 2-year
period immediately prior to the
date of the determination of
inadmissibility under this
subparagraph; or
``(bb) admitted or paroled
into the United States, and who
has not affirmatively shown, to
the satisfaction of an
immigration officer, that the
alien has been physically
present in the Commonwealth of
the Northern Mariana Islands
continuously for the 5-year
period immediately prior to the
date of the determination of
inadmissibility under this
subparagraph.''.
(e) Labor Stabilization Program.--Section 6 of the Joint
Resolution, as amended by subsection (a), is further amended--
(1) by striking ``transition period'' each place it appears
and inserting ``labor stabilization program period'';
(2) by striking ``transition program'' each place it
appears and inserting ``labor stabilization program'';
(3) by striking ``Commonwealth Only Transition Worker''
each place it appears and inserting ``Commonwealth Only
Worker''; and
(4) by striking ``Commonwealth Only Transitional Worker''
each place it appears and inserting ``Commonwealth Only
Worker''.
(f) Effective Date for Permit Validity; Long-Term Workers.--The
amendments made by subsection (a)(2)(C) shall take effect as if
included in the enactment of Public Law 115-218.
SEC. 3. RULEMAKING.
(a) 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 section 2 that relate to the
responsibilities of the Secretary.
(b) 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
section 2 that relate to the responsibilities of the Secretary.
(c) Recommendations of the Governor.--In developing the interim
final rules under subsections (a) and (b), the Secretary of Homeland
Security and the Secretary of Labor--
(1) shall each consider, in good faith, any written public
recommendations regarding the implementation of this Act, or an
amendment made by 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
(2) may include provisions in such rule that are responsive
to any recommendation of the Governor that is not inconsistent
with this Act.
SEC. 4. UNLAWFUL PRESENCE.
Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(9)(B)(iii)) is amended by adding at the end the
following:
``(VI) Commonwealth only
transitional worker.--Clause (i) shall
not apply to an alien who--
``(aa) was admitted as a
Commonwealth Only Transitional
Worker prior to the fiscal year
2020;
``(bb) has been unlawfully
present in the United States
for a period of less than 5
years prior to the date of the
enactment of the `Northern
Mariana Islands Labor
Stabilization Act';
``(cc) has continuously
resided in the Commonwealth of
the Northern Mariana Islands
beginning in fiscal year 2020
through the date of filing of a
petition for classification as
a Commonwealth Only Worker
under section 6(d) of Public
Law 94-241 (48 U.S.C. 1806(d)),
as amended by section 2 of the
`Northern Mariana Islands Labor
Stabilization Act'; and
``(dd) seeks admission to
the Commonwealth of the
Northern Mariana Islands
pursuant to an approved
petition described in item
(cc).''.
SEC. 5. EFFECTIVE DATE; APPLICABILITY.
Except as specifically otherwise provided, this Act and the
amendments made by this Act--
(1) shall take effect on the first day of the first fiscal
year after the date of the enactment of this Act; and
(2) shall apply to petitions for Commonwealth Only
Transitional Workers filed on or after such date.
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