,,ii #aaeth ,,congress #b;d ,session ,s4 #bcbe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ai1 #bjah,ms4 ,murkowski introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,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 ,purpose ,the purpose of this ,act is-- 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 incentivize 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 workers who are not ,united ,states workers2 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 sections #bjh7;d77#c7 and #bde7;i71 the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;d77#c7 and #abee7;i77 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 7ii7 ,inflation adjustment ,beginning in fiscal year #bjbj1 the ,secretary may annually adjust the 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 annually 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 7,b7 ,plan for the expenditure of funds ,at the beginning of each calendar year1 and before any of the supplemental fees are deposited into the ,treasury of the ,commonwealth ,government for that calendar year1 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 ,payment restriction ,payments may not be made from amounts deposited under subparagraph 7,a77iii7 until after the ,secretary of ,labor has approved the expenditure plan submitted under subparagraph 7,b77i74 7,d7 ,report ,the ,secretary of ,labor shall submit an annual report to ,congress that describes the effectiveness of the ,commonwealth ,government at meeting the goals set forth in the expenditure plan submitted under subparagraph 7,b77i74 2 7#b7 in subsection 7b71 by adding at the end the following3 7#c7 ,report ,not later than #c years after the date of the enactment of the ,northern ,mariana ,islands ,u4,s4 ,workforce ,act1 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 ,foreign labor certification 7i7 ,in general ,before applying for a nonimmigrant worker permit under this subsection1 a prospective employer shall obtain a certification from the ,department of ,labor confirming the prospective employer's assertion that-- 7,i7 no qualified ,united ,states worker is able1 willing1 qualified1 and available to accept the proposed job at the prevailing wage for that occupation in the ,commonwealth2 and 7,,ii7 employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed ,united ,states workers4 7ii7 ,petition ,after receiving a certification under clause 7i71 a prospective employer may submit a petition to ,u4,s4 ,citizenship and ,immigration ,services for a ,commonwealth ,only ,transitional ,worker permit on behalf of the foreign worker4 7,b7 ,prevailing wage survey ,in order to effectuate the requirement for foreign labor certification1 the ,department of ,labor shall conduct periodic prevailing wage surveys in the ,commonwealth4 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 7iii7 the prevailing wage in the ,commonwealth for the occupation in which the worker is employed2 or 7iv7 the actual wage level paid by the employer to any other individual employed in the same occupation4 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 the number1 terms1 and conditions of permits to be issued to prospective employers for each such 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 ,comments from governor ,in carrying out this paragraph1 the ,secretary-- 7i7 shall consider1 in good faith1 any comments or advice submitted by the ,governor of the ,commonwealth1 including any recommendation to reserve a number of permits each year for occupational categories necessary to maintain public health or safety in the ,commonwealth2 7ii7 shall1 not later than #cj days after the receipt of such comments or advice1 submit a written response to the ,governor2 and 7iii7 in the ,secretary's sole discretion1 may make the reservation of permits recommended by the ,governor4 7,c7 ,numerical cap ,the number of permits issued under subparagraph 7,a7 may not exceed #ac1jjj during fiscal year #bjai4 7,d7 ,annual adjustments ,beginning in fiscal year #bjbj1 and annually thereafter1 the number of permits issued under subparagraph 7,a7 may not exceed a number that is #ejj fewer than the number of permits that were issued during the immediately preceding fiscal year4 7,e7 ,reports regarding the percentage of domestic 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 domestic workers to non-domestic 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 ,senate and the ,chair and ,ranking ,member of the ,committee on ,natural ,resources of the ,house of ,representatives that identifies the ratio between domestic workers and non-domestic workers in the ,commonwealth's workforce during each of the previous #e calendar years4 7,f7 ,application2 issuance of permits 7i7 ,submission ,a prospective employer may submit an application-- 7,i7 for a new permit #ahj days before the beginning of the allocation year in which the permit will become effective2 or 7,,ii7 for the renewal of an existing permit #ahj days before the end of the allocation year in which the existing permit expires4 7ii7 ,adjudication ,the ,secretary shall adjudicate an application for a permit submitted pursuant to clause 7i7 not later than #fj days after the receipt of such application4 7iii7 ,employment verification ,the ,secretary shall establish a system for each employer of a ,commonwealth ,only ,transitional ,worker to submit a quarterly report to the ,u4,s4 ,immigration and ,customs ,enforcement office in the ,commonwealth 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 7iv7 ,revocation 7,i7 ,in general ,the ,secretary may revoke a permit approved under this paragraph if-- 7aa7 the employer fails to maintain the continuous employment of the subject worker1 fails to pay the subject worker1 or commits any other violation of the terms and conditions of employment2 or 7bb7 the beneficiary of such petition does not apply for a visa within #fj days after the approval of such petition4 7,,ii7 ,use of revoked petition ,a revoked petition under this paragraph shall be immediately available for use within the same fiscal year for which the petition was approved and shall not be further counted against the numerical limit for that year4 7v7 ,legitimate business 7,i7 ,in general ,a prospective employer that is not a legitimate business may not be granted a petition4 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 ,federal requirements related to employment during the preceding #e years2 and 7dd7 does not directly or indirectly engage in prostitution1 human trafficking1 or any other activity that is illegal under ,federal or ,commonwealth law4 7vi7 ,construction occupations ,a permit for ,construction and ,extraction ,occupations 7as defined by the ,department of ,labor as ,standard ,occupational ,classification ,group #dg-jjjj7 may only be issued to extend a permit that was first issued before ,october #a1 #bjae4 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 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 ,,cw-#c workers 7,a7 ,designation ,the ,secretary shall designate an alien admitted under this subsection as a ,,cw-#c worker if the alien-- 7i7 was admitted to the ,commonwealth as a ,commonwealth ,only ,transitional ,worker during fiscal year #bjad and every subsequent fiscal year beginning before the date of the enactment of the ,northern ,mariana ,islands ,u4,s4 ,workforce ,act2 and 7ii7 is otherwise admissible4 7,b7 ,permit 7i7 ,in general ,each ,,cw-#c worker shall be deemed to have met the foreign labor certification requirement under paragraph 7#b7 and1 upon application1 shall be issued a permit to remain in the ,commonwealth during the #c-year period beginning on the date of the enactment of the ,northern ,mariana ,islands ,u4,s4 ,workforce ,act4 7ii7 ,renewal ,the permit issued under clause 7i7 may be renewed in #c-year increments during the transition period described in subsection 7a77#b7 if the alien remains outside of the ,united ,states for a continuous period of not less than #cj days during the #ahj-;day period immediately preceding each such renewal4 7iii7 ,numerical limitation ,each permit issued under clause 7i7 shall count against the annual numerical limitations set forth in subparagraphs 7,c7 and 7,d7 of paragraph 7#c74 7,c7 ,roster ,the ,secretary shall maintain a roster of aliens in this category4 7,d7 ,fee ,employers of ,,cw-#c workers shall be subject to the annual education fee under subsection 7a77#f74 7#h7 ,requirement to remain outside of the united states ,except as provided in paragraph 7#g71 the permit for a ,commonwealth ,only ,transitional ,worker may not be renewed for more than #b consecutive years4 ,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 not less than #cj days4 2 and 7#d7 by adding at the end the following3 7i7 ,definitions ,in this section3 7#a7 ,allocation year ,the term allocation year means the fiscal year immediately following the current year4 7#b7 ,commonwealth ,the term ,commonwealth means the ,commonwealth of the ,northern ,mariana ,islands4 7#c7 ,commonwealth only transition worker ,the term ,commonwealth ,only ,transition ,worker means an alien who has been admitted into the ,commonwealth under the transition program for the purposes of a permit provided under subsection 7d77#c74 7#d7 ,current year ,the term current year means the fiscal year in which an allocation is determined for the allocation year4 7#e7 ,domestic worker ,the term domestic worker means any worker who is-- 7,a7 a ,united ,states worker2 or 7,b7 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 7#f7 ,governor ,the term ,governor means the ,governor of the ,commonwealth of the ,northern ,mariana ,islands4 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#h7 ,tax year ,the term tax year means the fiscal year immediately preceding the current year4 7#i7 ,united ,states worker ,the term ,united ,states worker means any worker who is-- 7,a7 a citizen or national of the ,united ,states2 or 7,b7 an alien who has been-- 7i7 lawfully admitted for permanent residence2 7ii7 admitted as a refugee under section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg72 or 7iii7 granted asylum under section #bjh of such ,act 7#h ,u4,s4,c4 #aaeh74 4 7b7 ,rulemaking ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall publish regulations in the ,federal ,register to implement the amendments made by subsection 7a74 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