,i #aaith ,,congress #b;d ,session ,h4 ,r4 #ighg ,,in ,,the ,,house ,,of ,,representatives ,july #bj1 #bjbf,ms4 ,king-,hinds introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,natural ,resources1 for a period to be subsequently determined by the ,speaker1 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 transition4 #a4 ,short title ,this ,act may be cited as the ,northern ,mariana ,islands ,labor ,stabilization ,act4 #b4 ,modifications to labor stabilization program transition 7a7 ,extension of transition period ,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 7a77#b71 by striking ,december #ca1 #bjbi and inserting the date that is the later of ,december #ca1 #bjci1 or the date on which the labor stabilization program period expires pursuant to subsection 7d77#h72 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7i71 by striking ,beginning and inserting ,subject to clause 7iii7 and beginning2 and 7,,ii7 by adding at the end the following3 7iii7 ,application of ,guam temporary labor certification procedures 7,i7 ,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 ,act1 the temporary labor certification requirements and procedures applicable to temporary employment on ,guam under clauses 7iii7 and 7v7 of section #bad4b7;h77#f7 of title #h1 ,code of ,federal ,regulations 7or a successor regulation71 shall apply in the ,commonwealth in the same manner as such requirements and procedures apply in ,guam1 except that any reference to the ,governor of ,guam shall be deemed to refer to the ,governor of the ,commonwealth of the ,northern ,mariana ,islands4 7,,ii7 ,petition requirement ,an approved temporary labor certification issued pursuant to this clause shall satisfy the requirement under clause 7i7 and shall be submitted with any petition filed with the ,secretary under clause 7ii74 2 and 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7i7-- 7aa7 by inserting and subject to clause 7iii71 after clause 7i712 and 7bb7 by striking an annual basis and inserting a biennial basis2 and 7,,ii7 by adding at the end the following3 7iii7 ,calibration of alternative method ,the prevailing wage required to be paid pursuant to clause 7ii7 shall be #ge percent of the wage determined pursuant to that section or the ,federal minimum wage1 whichever is greater4 4 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 by inserting 1 in consultation with the ,governor1 after the ,secretary2 and 7ii7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,numerical cap 7i7 ,in general 7,i7 ,annual numerical limitation ,for each fiscal year during the labor stabilization program period1 the ,secretary1 in consultation with the ,governor1 shall establish the numerical limitation on permits that may be issued under subparagraph 7,a7 for such fiscal year4 ,the numerical limitation established under this subclause may be increased or decreased from the numerical limitation established for the preceding fiscal year1 except that such numerical limitation may not exceed #ae1jjj for any fiscal year4 7,,ii7 ,notice ,the ,secretary shall publish in the ,federal ,register the numerical limitation established under subclause 7,i7 not later than #ahj days before the first day of the fiscal year for which such limitation applies4 7,,iii7 ,default limitation ,if the ,secretary does not publish a numerical limitation under subclause 7,,ii7 for a fiscal year1 the numerical limitation for such fiscal year shall be the numerical limitation in effect for the preceding fiscal year1 except that such limitation may not exceed #ae1jjj4 7,,iv7 ,supplemental construction and extraction allocation ,notwithstanding any numerical cap set forth in subclause 7,i71 the ,secretary of ,homeland ,security shall increase by #c1jjj1 for each such fiscal year1 the total number of permits available under this subsection for ,construction and ,extraction ,occupations 7as defined by the ,department of ,labor as ,standard ,occupational ,classification ,group #dg-jjjj74 7ii7 ,construction occupations ,the permits allocated for ,construction and ,extraction ,occupations 7as defined by the ,department of ,labor as ,standard ,occupational ,classification ,group #dg-jjjj7 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 #aja7;a77#ae77;,h77ii77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77b77 during calendar year #bjbd4 2 7,c7 in subparagraph 7,d7-- 7i7 in clause 7iii77,i77bb71 by striking #aj days and inserting #ij days2 and 7ii7 by striking clause 7v72 and 7,d7 by striking subparagraph 7,e72 7#c7 by amending paragraph 7#g7 to read as follows3 7#g7 ,permit validity2 long-term workers 7,a7 ,in general ,except as provided in subparagraph 7,b71 a permit for a ,commonwealth ,only ,worker shall be valid for a period not to exceed #a year4 7,b7 ,renewal ,a permit issued under subparagraph 7,a7 may be renewed for additional periods of not more than #a year each1 subject to the requirements of this subsection4 7,c7 ,long-term workers ,an alien who was admitted to the ,commonwealth as a ,commonwealth ,only ,transitional ,worker-- 7i7 during fiscal year #bjae1 and 7ii7 during two of the fiscal years #bjaf1 #bjag1 #bjah1 or #bjai1 may be admitted as a ,commonwealth ,only ,transitional ,worker 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 pursuant to this subparagraph shall be counted toward the numerical cap for each fiscal year for which the permit is valid4 2 and 7#d7 by adding at the end the following3 7#h7 ,labor stabilization period 7,a7 ,labor needs ,the ,secretary of ,labor1 in consultation with the ,secretary1 the ,secretary of ,defense1 the ,secretary of the ,interior1 and the ,governor1 shall1 not later than ,july #a1 #bjci-- 7i7 determine the labor needs of the ,commonwealth for the ensuing #aj-year period2 and 7ii7 determine whether an extension of up to #aj years is necessary to ensure an adequate number of workers will be available for legitimate businesses in the ,commonwealth4 7,b7 ,subsequent determinations ,if the labor stabilization program period is extended under subparagraph 7,c71 the ,secretary of ,labor1 in consultation with the officials described in subparagraph 7,a71 shall make a new determination under subparagraph 7,a7 not later than ,july #a of the calendar year in which the labor stabilization program period1 as so extended1 is scheduled to expire4 7,c7 ,extension ,if the ,secretary of ,labor makes an affirmative determination under subparagraph 7,a7 or 7,b71 the ,secretary of ,labor may extend the labor stabilization program period for an additional period of up to #aj years by publishing notice of such extension in the ,federal ,register4 ,each extension under this subparagraph shall begin on the day after the date on which the labor stabilization program period would otherwise expire4 7,d7 ,successive extensions ,the authority under this paragraph may be exercised for successive additional periods of up to #aj years1 subject to a new determination under subparagraph 7,b7 before each such extension4 7,e7 ,factors considered ,in making a determination under this paragraph1 the ,secretary of ,labor may consider1 among other factors1 labor market studies within the ,commonwealth1 the unemployment rate of ,united ,states workers and foreign workers in the ,commonwealth1 the good faith efforts made by the ,commonwealth to locate1 educate1 train1 or prepare ,united ,states workers and other individuals eligible to work in the ,united ,states to assume employment1 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 available1 the effect of foreign workers on compensation1 benefits1 and living standards of existing workers1 and the prior use of foreign workers to fill industry jobs including whether the industry requires foreign workers to fill such jobs4 7#i7 ,enforcement fee 7,a7 ,in general ,in addition to any other fee applicable to a petition filed under this subsection1 the ,secretary shall impose a fee of #aej on each prospective employer filing such petition4 7,b7 ,use of amounts ,notwithstanding section #gjc7;b7 of this ,joint ,resolution1 all amounts collected under subparagraph 7,a7 shall be made available to the ,secretary of ,homeland ,security to carry out enforcement of the immigration laws 7as such term is defined in section #aja of the ,immigration and ,nationality ,act7 and this section4 4 7b7 ,qualified alien ,section #dca7;b7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afda7;b77 is amended-- 7#a7 in paragraph 7#g71 by striking 1 or and inserting a comma at the end2 7#b7 in paragraph 7#h71 by striking the period at the end and inserting 1 or2 and 7#c7 by adding at the end the following3 7#i7 an alien who is lawfully admitted for long-term residence in the ,commonwealth of the ,northern ,mariana ,islands under section #f7;e77#f7 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 purposes4 4 7c7 ,immigration and naturalization fees ,section #gjc7;b7 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 #ahja note7 is amended by striking quarantine and passport fees and inserting quarantine1 passport1 immigration and naturalization fees4 7d7 ,commonwealth of the northern mariana islands ,section #bce7;b77#a77;,a77iii77,,ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,a77iii77,,ii77 is amended-- 7#a7 by striking been and inserting been--2 and 7#b7 by striking admitted or paroled into the ,united ,states1 and who has not affirmatively shown1 to the satisfaction of an immigration officer1 that the alien has been physically present in the ,united ,states continuously for the #b-year period immediately prior to the date of the determination of inadmissibility under this subparagraph4 and inserting the following3 7aa7 admitted or paroled into the ,united ,states1 and who has not affirmatively shown1 to the satisfaction of an immigration officer1 that the alien has been physically present in the ,united ,states continuously for the #b-year period immediately prior to the date of the determination of inadmissibility under this subparagraph2 or 7bb7 admitted or paroled into the ,united ,states1 and who has not affirmatively shown1 to the satisfaction of an immigration officer1 that the alien has been physically present in the ,commonwealth of the ,northern ,mariana ,islands continuously for the #e-year period immediately prior to the date of the determination of inadmissibility under this subparagraph4 4 7e7 ,labor stabilization program ,section #f of the ,joint ,resolution1 as amended by subsection 7a71 is further amended-- 7#a7 by striking transition period each place it appears and inserting labor stabilization program period2 7#b7 by striking transition program each place it appears and inserting labor stabilization program2 7#c7 by striking ,commonwealth ,only ,transition ,worker each place it appears and inserting ,commonwealth ,only ,worker2 and 7#d7 by striking ,commonwealth ,only ,transitional ,worker each place it appears and inserting ,commonwealth ,only ,worker4 7f7 ,effective date for permit validity2 long-,term workers ,the amendments made by subsection 7a77#b77;,c7 shall take effect as if included in the enactment of ,public ,law #aae-bah4 #c4 ,rulemaking 7a7 ,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 section #b that relate to the responsibilities of the ,secretary4 7b7 ,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 section #b that relate to the responsibilities of the ,secretary4 7c7 ,recommendations of the ,governor ,in developing the interim final rules under subsections 7a7 and 7b71 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 ,act1 or an amendment made by this ,act1 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 ,act4 #d4 ,unlawful presence ,section #bab7;a77#i77;,b77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#i77;,b77iii77 is amended by adding at the end the following3 7,,vi7 ,commonwealth ,only ,transitional ,worker ,clause 7i7 shall not apply to an alien who-- 7aa7 was admitted as a ,commonwealth ,only ,transitional ,worker prior to the fiscal year #bjbj2 7bb7 has been unlawfully present in the ,united ,states for a period of less than #e years prior to the date of the enactment of the #8,northern ,mariana ,islands ,labor ,stabilization ,act'2 7cc7 has continuously resided in the ,commonwealth of the ,northern ,mariana ,islands beginning in fiscal year #bjbj through the date of filing of a petition for classification as a ,commonwealth ,only ,worker under section #f7;d7 of ,public ,law #id-bda 7#dh ,u4,s4,c4 #ahjf7;d771 as amended by section #b of the #8,northern ,mariana ,islands ,labor ,stabilization ,act'2 and 7dd7 seeks admission to the ,commonwealth of the ,northern ,mariana ,islands pursuant to an approved petition described in item 7cc74 4 #e4 ,effective date2 ,applicability ,except as specifically otherwise provided1 this ,act and the amendments made by this ,act-- 7#a7 shall take effect on the first day of the first fiscal year after 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