#aaeth ,,congress #b;d ,session ,s4 #bcbe ,,an ,,act ,to incentivize the hiring of ,united ,states workers in the ,commonwealth of the ,northern ,mariana ,islands1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,northern ,mariana ,islands ,u4,s4 ,workforce ,act4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to increase the percentage of ,united ,states workers 7as defined in section #f7;i7 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 ,america1 and for other purposes 7#dh ,u4,s4,c4 #ahjf77 in the total workforce of the ,commonwealth of the ,northern ,mariana ,islands1 while maintaining the minimum number of workers who are not ,united ,states workers to meet the changing demands of the ,northern ,mariana ,islands' economy2 7#b7 to encourage the hiring of ,united ,states workers into such workforce2 and 7#c7 to ensure that no ,united ,states worker-- 7,a7 is at a competitive disadvantage for employment compared to a worker who is not a ,united ,states worker2 or 7,b7 is displaced by a worker who is not a ,united ,states worker4 #c4 ,transitional provisions 7a7 ,in general ,section #f 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 ,america1 and for other purposes 7#dh ,u4,s4,c4 #ahjf7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by striking #bjai and inserting #bjbi2 and 7,b7 by amending paragraph 7#f7 to read as follows3 7#f7 ,fees for training united states workers 7,a7 ,supplemental fee 7i7 ,in general ,in addition to fees imposed pursuant to section #bhf7m7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7m77 to recover the full costs of adjudication services1 the ,secretary shall impose an annual supplemental fee of #bjj per nonimmigrant worker on each prospective employer who is issued a permit under subsection 7d77#c7 during the transition program4 ,a prospective employer that is issued a permit with a validity period of longer than #a year shall pay the fee for each year of requested validity at the time the permit is requested4 7ii7 ,inflation adjustment ,beginning in fiscal year #bjbj1 the ,secretary1 through notice in the ,federal ,register1 may annually adjust the supplemental fee imposed under clause 7i7 by a percentage equal to the annual change in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,bureau of ,labor ,statistics4 7iii7 ,use of funds ,amounts collected pursuant to clause 7i7 shall be deposited into the ,treasury of the ,commonwealth ,government for the sole and exclusive purpose of funding vocational education1 apprenticeships1 or other training programs for ,united ,states workers4 7iv7 ,fraud prevention and detection fee ,in addition to the fees described in clause 7i71 the ,secretary-- 7,i7 shall impose1 on each prospective employer filing a petition under this subsection for #a or more nonimmigrant workers1 a #ej fraud prevention and detection fee2 and 7,,ii7 shall deposit and use the fees collected under subclause 7,i7 in accordance with section #bhf7v77#b77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7v77#b77;,b774 7,b7 ,plan for the expenditure of funds ,not later than #abj days before the first day of fiscal year #bjbj1 and annually thereafter1 the ,governor of the ,commonwealth ,government shall submit to the ,secretary of ,labor-- 7i7 a plan for the expenditures of amounts deposited under subparagraph 7,a77iii72 7ii7 a projection of the effectiveness of such expenditures in the placement of ,united ,states workers into jobs held by non-,united ,states workers2 and 7iii7 a report on the changes in employment of ,united ,states workers attributable to expenditures of such amounts during the previous year4 7,c7 ,determination and report ,not later than #abj days after receiving each expenditure plan under subparagraph 7,b77i71 the ,secretary of ,labor shall-- 7i7 issue a determination on the plan2 and 7ii7 submit a report to ,congress that describes the effectiveness of the ,commonwealth ,government at meeting the goals set forth in such plan4 7,d7 ,payment restriction ,payments may not be made in a fiscal year from amounts deposited under subparagraph 7,a77iii7 before the ,secretary of ,labor has approved the expenditure plan submitted under subparagraph 7,b77i7 for that fiscal year4 2 7#b7 in subsection 7b71 by adding at the end the following3 7#c7 ,report ,not later than ,december #a1 #bjbg1 the ,secretary shall submit a report to the ,committee on ,energy and ,natural ,resources of the ,senate1 the ,committee on the ,judiciary of the ,senate1 the ,committee on ,natural ,resources of the ,house of ,representatives1 and the ,committee on the ,judiciary of the ,house of ,representatives that-- 7,a7 projects the number of asylum claims the ,secretary anticipates following the termination of the transition period2 and 7,b7 describes the efforts of the ,secretary to ensure appropriate interdiction efforts1 provide for appropriate treatment of asylum seekers1 and prepare to accept and adjudicate asylum claims in the ,commonwealth4 2 7#c7 in subsection 7d7-- 7,a7 by redesignating paragraphs 7#b7 through 7#e7 as paragraphs 7#c7 through 7#f71 respectively2 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,protection for united states workers 7,a7 ,temporary labor certification 7i7 ,in general ,beginning with petitions filed with employment start dates in fiscal year #bjbj1 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-- 7,i7 there are not sufficient ,united ,states workers in the ,commonwealth who are able1 willing1 qualified1 and available at the time and place needed to perform the services or labor involved in the petition2 and 7,,ii7 employment of the nonimmigrant worker will not adversely affect the wages and working conditions of similarly employed ,united ,states workers4 7ii7 ,petition ,after receiving a temporary labor certification under clause 7i71 a prospective employer may submit a petition to the ,secretary for a ,commonwealth ,only ,transitional ,worker permit on behalf of the nonimmigrant worker4 7,b7 ,prevailing wage survey 7i7 ,in general ,in order to effectuate the requirement for a temporary labor certification under subparagraph 7,a77i71 the ,secretary of ,labor shall use1 or make available to employers1 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 basis4 7ii7 ,alternative method for determining the prevailing wage ,in the absence of an occupational wage survey approved by the ,secretary of ,labor under clause 7i71 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 ,statistics4 7,c7 ,minimum wage ,an employer shall pay each ,commonwealth ,only ,transitional ,worker a wage that is not less than the greater of-- 7i7 the statutory minimum wage in the ,commonwealth2 7ii7 the ,federal minimum wage2 or 7iii7 the prevailing wage in the ,commonwealth for the occupation in which the worker is employed4 2 7,c7 by amending paragraph 7#c71 as redesignated1 to read as follows3 7#c7 ,permits 7,a7 ,in general ,the ,secretary shall establish1 administer1 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 7#h ,u4,s4,c4 #aaja et seq474 7,b7 ,numerical cap ,the number of permits issued under subparagraph 7,a7 may not exceed-- 7i7 #ac1jjj for fiscal year #bjai2 7ii7 #ab1ejj for fiscal year #bjbj2 7iii7 #ab1jjj for fiscal year #bjba2 7iv7 #aa1ejj for fiscal year #bjbb2 7v7 #aa1jjj for fiscal year #bjbc2 7vi7 #aj1jjj for fiscal year #bjbd2 7vii7 #i1jjj for fiscal year #bjbe2 7viii7 #h1jjj for fiscal year #bjbf2 7ix7 #g1jjj for fiscal year #bjbg2 7x7 #f1jjj for fiscal year #bjbh2 7xi7 #e1jjj for fiscal year #bjbi2 and 7xii7 #a1jjj for the first quarter of fiscal year #bjcj4 7,c7 ,reports regarding the percentage of united states workers 7i7 ,by governor ,not later than #fj days before the end of each calendar year1 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 year4 7ii7 ,by ,,gao ,not later than ,december #ca1 #bjai1 and biennially thereafter1 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 ,senate1 the ,chair and ,ranking ,member of the ,committee on ,natural ,resources of the ,house of ,representatives1 the ,chair and ,ranking ,member of the ,committee on ,health1 ,education1 ,labor1 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 #e calendar years4 7,d7 ,petition2 issuance of permits 7i7 ,submission ,a prospective employer may submit a petition for a permit under this paragraph not earlier than-- 7,i7 #abj days before the date on which the prospective employer needs the beneficiary's services2 or 7,,ii7 if the petition is for the renewal of an existing permit1 not earlier than #ahj days before the expiration of such permit4 7ii7 ,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 worker4 7iii7 ,revocation 7,i7 ,in general ,the ,secretary1 in the ,secretary's discretion1 may revoke a permit approved under this paragraph for good cause1 including if-- 7aa7 the employer fails to maintain the continuous employment of the subject worker1 fails to pay the subject worker1 fails to timely file a semiannual report required under this paragraph1 commits any other violation of the terms and conditions of employment1 or otherwise ceases to operate as a legitimate business 7as defined in clause 7iv77,,ii772 7bb7 the beneficiary of such petition does not apply for admission to the ,commonwealth by the date that is #aj days after the period of petition validity begins1 if the employer has requested consular processing2 or 7cc7 the employer fails to provide a former1 current1 or prospective ,commonwealth ,only ,transitional ,worker1 not later than #ba business days after receiving a written request from such worker1 with the original 7or a certified copy of the original7 of all petitions1 notices1 and other written communication related to the worker 7other than sensitive financial or proprietary information of the employer1 which may be redacted7 that has been exchanged between the employer and the ,department of ,labor1 the ,department of ,homeland ,security1 or any other ,federal agency or department4 7,,ii7 ,reallocation of revoked petition ,notwithstanding subparagraph 7,c71 for each permit revoked under subclause 7,i7 in a fiscal year1 an additional permit shall be made available for use in the subsequent fiscal year4 7iv7 ,legitimate business 7,i7 ,in general ,a permit may not be approved for a prospective employer that is not a legitimate business4 7,,ii7 ,defined term ,in this clause1 the term legitimate business means a real1 active1 and operating commercial or entrepreneurial undertaking that the ,secretary1 in the ,secretary's sole discretion1 determines-- 7aa7 produces services or goods for profit1 or is a governmental1 charitable1 or other validly recognized nonprofit entity2 7bb7 meets applicable legal requirements for doing business in the ,commonwealth2 7cc7 has substantially complied with wage and hour laws1 occupational safety and health requirements1 and all other ,federal1 ,commonwealth1 and local requirements related to employment during the preceding #e years2 7dd7 does not directly or indirectly engage in1 or knowingly benefit from1 prostitution1 human trafficking1 or any other activity that is illegal under ,federal1 ,commonwealth1 or local law2 and 7ee7 is a participant in good standing in the ,e-,verify program2 7ff7 does not have1 as an owner1 investor1 manager1 operator1 or person meaningfully involved with the undertaking1 any individual who has been the owner1 investor1 manager1 operator1 or otherwise meaningfully involved with an undertaking that does not comply with item 7cc7 or 7dd71 or is the agent of such an individual2 and 7gg7 is not a successor in interest to an undertaking that does not comply with item 7cc7 or 7dd74 7v7 ,construction occupations ,a permit for ,construction and ,extraction ,occupations 7as defined by the ,department of ,labor as ,standard ,occupational ,classification ,group #dg-jjjj7 may not be issued for any worker other than a worker described in paragraph 7#g77;,b74 2 7,d7 in paragraph 7#d71 as redesignated1 by inserting or to ,guam for the purpose of transit only after except admission to the ,commonwealth2 7,e7 in paragraph 7#e71 as redesignated1 by adding at the end the following3 ,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 period42 and 7,f7 by adding at the end the following3 7#g7 ,requirement to remain outside of the united states 7,a7 ,in general ,except as provided in subparagraph 7,b7-- 7i7 a permit for a ,commonwealth ,only ,transitional ,worker-- 7,i7 shall remain valid for a period that may not exceed #a year2 and 7,,ii7 may be renewed for not more than #b consecutive1 #a-year periods2 and 7ii7 at the expiration of the second renewal period1 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 #cj days prior to the submission of a renewal petition on their behalf4 7,b7 ,long-term workers ,an alien who was admitted to the ,commonwealth as a ,commonwealth ,only ,transitional ,worker during fiscal year #bjae1 and during every subsequent fiscal year beginning before the date of the enactment of the ,northern ,mariana ,islands ,u4,s4 ,workforce ,act1 may receive a permit for a ,commonwealth ,only ,transitional ,worker that is valid for a period that may not exceed #c years and may be renewed for additional #c-year periods during the transition period4 ,a permit issued under this subparagraph shall be counted toward the numerical cap for each fiscal year within the period of petition validity4 2 and 7#d7 by adding at the end the following3 7i7 ,definitions ,in this section3 7#a7 ,commonwealth ,the term ,commonwealth means the ,commonwealth of the ,northern ,mariana ,islands4 7#b7 ,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 7d77#c74 7#c7 ,governor ,the term ,governor means the ,governor of the ,commonwealth of the ,northern ,mariana ,islands4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#e7 ,tax year ,the term tax year means the fiscal year immediately preceding the current fiscal year4 7#f7 ,united ,states worker ,the term ,united ,states worker means any worker who is-- 7,a7 a citizen or national of the ,united ,states2 7,b7 an alien who has been lawfully admitted for permanent residence2 or 7,c7 a citizen of the ,republic of the ,marshall ,islands1 the ,federated ,states of ,micronesia1 or the ,republic of ,palau 7known collectively as the ,freely ,associated ,states7 who has been lawfully admitted to the ,united ,states pursuant to-- 7i7 section #ada 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 7#dh ,u4,s4,c4 #aiba note72 or 7ii7 section #ada of the ,compact of ,free ,association between the ,united ,states and the ,government of ,palau 7#dh ,u4,s4,c4 #aica note74 4 7b7 ,rulemaking 7#a7 ,secretary of homeland security ,notwithstanding the requirements under section #eec7;b7 of title #e1 ,united ,states ,code1 the ,secretary of ,homeland ,security shall publish in the ,federal ,register1 not later than #ahj days after the date of the enactment of this ,act1 an interim final rule that specifies how the ,secretary intends to implement the amendments made by subsection 7a7 that relate to the responsibilities of the ,secretary4 7#b7 ,secretary of labor ,notwithstanding the requirements under section #eec7;b7 of title #e1 ,united ,states ,code1 the ,secretary of ,labor shall publish in the ,federal ,register1 not later than #ahj days after the date of the enactment of this ,act1 an interim final rule that specifies how the ,secretary intends to implement the amendments made by subsection 7a7 that relate to the responsibilities of the ,secretary4 7#c7 ,recommendations of the governor ,in developing the interim final rules under paragraphs 7#a7 and 7#b71 the ,secretary of ,homeland ,security and the ,secretary of ,labor-- 7,a7 shall each consider1 in good faith1 any written public recommendations regarding the implementation of this ,act that are submitted by the ,governor of the ,commonwealth not later than #fj days after the date of the enactment of this ,act2 and 7,b7 may include provisions in such rule that are responsive to any recommendation of the ,governor that is not inconsistent with this ,act1 including a recommendation to reserve a number of permits each year for occupational categories necessary to maintain public health or safety in the ,commonwealth4 7c7 ,department of the ,interior technical assistance ,not later than ,october #a1 #bjai1 and biennially thereafter1 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-- 7#a7 to identify opportunities for economic growth and diversification2 7#b7 to provide assistance in recruiting1 training1 and hiring ,united ,states workers2 and 7#c7 to provide such other technical assistance and consultation as outlined in section #gjb7;e7 of the ,consolidated ,natural ,resources ,act of #bjjh 7#dh ,u4,s4,c4 #ahjg74 7d7 ,outreach and training ,not later than #abj days after the date on which the ,secretary of ,labor publishes an interim final rule in the ,federal ,register in accordance with subsection 7b77#b71 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 #f 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 ,america1 and for other purposes1 as amended by subsection 7b71 including the minimum wage requirement set forth in subsection 7d77#b77;,c7 of such section4 7e7 ,effective date 7#a7 ,in general ,except as specifically otherwise provided1 this ,act and the amendments made by this ,act-- 7,a7 shall take effect on the date of the enactment of this ,act2 and 7,b7 shall apply to petitions for ,commonwealth ,only ,transitional ,workers filed on or after such date4 7#b7 ,authority of secretary of homeland security ,the ,secretary of ,homeland ,security1 in the ,secretary's discretion1 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 7b71 except for provisions providing annual numerical caps for such workers4 ,passed the ,senate ,april #bc1 #bjah4,secretary