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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2325 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  2d Session
                                S. 2325

To incentivize the hiring of United States workers in the Commonwealth 
        of the Northern Mariana Islands, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 19, 2018

 Ms. Murkowski introduced the following bill; 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 Islands, and for other purposes.

    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 U.S. 
Workforce Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is--
            (1) to increase the percentage of United States workers (as 
        defined in section 6(i) 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)) in the total workforce of the Commonwealth of 
        the Northern Mariana Islands, while maintaining the minimum 
        number of workers who are not United States workers to meet the 
        changing demands of the Northern Mariana Islands' economy;
            (2) to incentivize the hiring of United States workers into 
        such workforce; and
            (3) to ensure that no United States worker--
                    (A) is at a competitive disadvantage for employment 
                compared to workers who are not United States workers; 
                or
                    (B) is displaced by a worker who is not a United 
                States worker.

SEC. 3. TRANSITIONAL PROVISIONS.

    (a) In General.--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)--
                    (A) in paragraph (2), by striking ``2019'' and 
                inserting ``2029''; and
                    (B) by amending paragraph (6) to read as follows:
            ``(6) Fees for training united states workers.--
                    ``(A) Supplemental fee.--
                            ``(i) In general.--In addition to fees 
                        imposed pursuant to sections 208(d)(3) and 
                        245(i), the Immigration and Nationality Act (8 
                        U.S.C. 1158(d)(3) and 1255(i)) 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.
                            ``(ii) Inflation adjustment.--Beginning in 
                        fiscal year 2020, the Secretary may annually 
                        adjust the 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.
                            ``(iii) Use of funds.--Amounts collected 
                        pursuant to clause (i) shall be annually 
                        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.
                    ``(B) Plan for the expenditure of funds.--At the 
                beginning of each calendar year, and before any of the 
                supplemental fees are deposited into the Treasury of 
                the Commonwealth Government for that calendar year, the 
                Commonwealth Government shall submit to the Secretary 
                of Labor--
                            ``(i) a plan for the expenditures of 
                        amounts deposited under subparagraph (A)(iii);
                            ``(ii) a projection of the effectiveness of 
                        such expenditures in the placement of United 
                        States workers into jobs held by non-United 
                        States workers; and
                            ``(iii) a report on the changes in 
                        employment of United States workers 
                        attributable to expenditures of such amounts 
                        during the previous year.
                    ``(C) Payment restriction.--Payments may not be 
                made from amounts deposited under subparagraph (A)(iii) 
                until after the Secretary of Labor has approved the 
                expenditure plan submitted under subparagraph (B)(i).
                    ``(D) 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 (B)(i).'';
            (2) in subsection (b), by adding at the end the following:
            ``(3) Report.--Not later than 3 years after the date of the 
        enactment of the Northern Mariana Islands U.S. Workforce Act, 
        the Secretary shall submit a report to the Committee on Energy 
        and Natural Resources of the Senate, the Committee on the 
        Judiciary of the Senate, the Committee on Natural Resources of 
        the House of Representatives, and the Committee on the 
        Judiciary of the House of Representatives that--
                    ``(A) projects the number of asylum claims the 
                Secretary anticipates following the termination of the 
                transition period; and
                    ``(B) describes the efforts of the Secretary to 
                ensure appropriate interdiction efforts, provide for 
                appropriate treatment of asylum seekers, and prepare to 
                accept and adjudicate asylum claims in the 
                Commonwealth.'';
            (3) in subsection (d)--
                    (A) by redesignating paragraphs (2) through (5) as 
                paragraphs (3) through (6), respectively;
                    (B) by inserting after paragraph (1) the following:
            ``(2) Protection for united states workers.--
                    ``(A) Foreign labor certification.--
                            ``(i) In general.--Before applying for a 
                        nonimmigrant worker permit under this 
                        subsection, a prospective employer shall obtain 
                        a certification from the Department of Labor 
                        confirming the prospective employer's assertion 
                        that--
                                    ``(I) no qualified United States 
                                worker is able, willing, qualified, and 
                                available to accept the proposed job at 
                                the prevailing wage for that occupation 
                                in the Commonwealth; and
                                    ``(II) employment of the foreign 
                                worker will not adversely affect the 
                                wages and working conditions of 
                                similarly employed United States 
                                workers.
                            ``(ii) Petition.--After receiving a 
                        certification under clause (i), a prospective 
                        employer may submit a petition to U.S. 
                        Citizenship and Immigration Services for a 
                        Commonwealth Only Transitional Worker permit on 
                        behalf of the foreign worker.
                    ``(B) Prevailing wage survey.--In order to 
                effectuate the requirement for foreign labor 
                certification, the Department of Labor shall conduct 
                periodic prevailing wage surveys in the Commonwealth.
                    ``(C) Minimum wage.--An employer shall pay each 
                Commonwealth Only Transitional Worker a wage that is 
                not less than the greater of--
                            ``(i) the statutory minimum wage in the 
                        Commonwealth;
                            ``(ii) the Federal minimum wage;
                            ``(iii) the prevailing wage in the 
                        Commonwealth for the occupation in which the 
                        worker is employed; or
                            ``(iv) the actual wage level paid by the 
                        employer to any other individual employed in 
                        the same occupation.'';
                    (C) by amending paragraph (3), as redesignated, to 
                read as follows:
            ``(3) Permits.--
                    ``(A) In general.--The Secretary shall establish, 
                administer, and enforce a system for allocating and 
                determining the number, terms, 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 (8 U.S.C. 1101 et 
                seq.).
                    ``(B) Comments from governor.--In carrying out this 
                paragraph, the Secretary--
                            ``(i) shall consider, in good faith, any 
                        comments or advice submitted by the Governor of 
                        the Commonwealth, including any recommendation 
                        to reserve a number of permits each year for 
                        occupational categories necessary to maintain 
                        public health or safety in the Commonwealth;
                            ``(ii) shall, not later than 30 days after 
                        the receipt of such comments or advice, submit 
                        a written response to the Governor; and
                            ``(iii) in the Secretary's sole discretion, 
                        may make the reservation of permits recommended 
                        by the Governor.
                    ``(C) Numerical cap.--The number of permits issued 
                under subparagraph (A) may not exceed 13,000 during 
                fiscal year 2019.
                    ``(D) Annual adjustments.--Beginning in fiscal year 
                2020, and annually thereafter, the number of permits 
                issued under subparagraph (A) may not exceed a number 
                that is 500 fewer than the number of permits that were 
                issued during the immediately preceding fiscal year.
                    ``(E) Reports regarding the percentage of domestic 
                workers.--
                            ``(i) By governor.--Not later than 60 days 
                        before the end of each calendar year, 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 year.
                            ``(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 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 5 
                        calendar years.
                    ``(F) Application; issuance of permits.--
                            ``(i) Submission.--A prospective employer 
                        may submit an application--
                                    ``(I) for a new permit 180 days 
                                before the beginning of the allocation 
                                year in which the permit will become 
                                effective; or
                                    ``(II) for the renewal of an 
                                existing permit 180 days before the end 
                                of the allocation year in which the 
                                existing permit expires.
                            ``(ii) Adjudication.--The Secretary shall 
                        adjudicate an application for a permit 
                        submitted pursuant to clause (i) not later than 
                        60 days after the receipt of such application.
                            ``(iii) Employment verification.--The 
                        Secretary shall establish a system for each 
                        employer of a Commonwealth Only Transitional 
                        Worker to submit a quarterly report to the U.S. 
                        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 worker.
                            ``(iv) Revocation.--
                                    ``(I) In general.--The Secretary 
                                may revoke a permit approved under this 
                                paragraph if--
                                            ``(aa) the employer fails 
                                        to maintain the continuous 
                                        employment of the subject 
                                        worker, fails to pay the 
                                        subject worker, or commits any 
                                        other violation of the terms 
                                        and conditions of employment; 
                                        or
                                            ``(bb) the beneficiary of 
                                        such petition does not apply 
                                        for a visa within 60 days after 
                                        the approval of such petition.
                                    ``(II) 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 year.
                            ``(v) Legitimate business.--
                                    ``(I) In general.--A prospective 
                                employer that is not a legitimate 
                                business may not be granted a petition.
                                    ``(II) Defined term.--In this 
                                clause, the term `legitimate business' 
                                means a real, active, and operating 
                                commercial or entrepreneurial 
                                undertaking that the Secretary, in the 
                                Secretary's sole discretion, 
                                determines--
                                            ``(aa) produces services or 
                                        goods for profit, or is a 
                                        governmental, charitable, or 
                                        other validly recognized 
                                        nonprofit entity;
                                            ``(bb) meets applicable 
                                        legal requirements for doing 
                                        business in the Commonwealth;
                                            ``(cc) has substantially 
                                        complied with wage and hour 
                                        laws, occupational safety and 
                                        health requirements, and all 
                                        other Federal requirements 
                                        related to employment during 
                                        the preceding 5 years; and
                                            ``(dd) does not directly or 
                                        indirectly engage in 
                                        prostitution, human 
                                        trafficking, or any other 
                                        activity that is illegal under 
                                        Federal or Commonwealth law.
                            ``(vi) Construction occupations.--A permit 
                        for Construction and Extraction Occupations (as 
                        defined by the Department of Labor as Standard 
                        Occupational Classification Group 47-0000) may 
                        only be issued to extend a permit that was 
                        first issued before October 1, 2015.'';
                    (D) in paragraph (4), as redesignated, by inserting 
                ``or to Guam for the purpose of transit only'' after 
                ``except admission to the Commonwealth'';
                    (E) in paragraph (5), as redesignated, by adding at 
                the end the following: ``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 period.''; and
                    (F) by adding at the end the following:
            ``(7) CW-3 workers.--
                    ``(A) Designation.--The Secretary shall designate 
                an alien admitted under this subsection as a `CW-3 
                worker' if the alien--
                            ``(i) was admitted to the Commonwealth as a 
                        Commonwealth Only Transitional Worker during 
                        fiscal year 2014 and every subsequent fiscal 
                        year beginning before the date of the enactment 
                        of the Northern Mariana Islands U.S. Workforce 
                        Act; and
                            ``(ii) is otherwise admissible.
                    ``(B) Permit.--
                            ``(i) In general.--Each CW-3 worker shall 
                        be deemed to have met the foreign labor 
                        certification requirement under paragraph (2) 
                        and, upon application, shall be issued a permit 
                        to remain in the Commonwealth during the 3-year 
                        period beginning on the date of the enactment 
                        of the Northern Mariana Islands U.S. Workforce 
                        Act.
                            ``(ii) Renewal.--The permit issued under 
                        clause (i) may be renewed in 3-year increments 
                        during the transition period described in 
                        subsection (a)(2) if the alien remains outside 
                        of the United States for a continuous period of 
                        not less than 30 days during the 180-day period 
                        immediately preceding each such renewal.
                            ``(iii) Numerical limitation.--Each permit 
                        issued under clause (i) shall count against the 
                        annual numerical limitations set forth in 
                        subparagraphs (C) and (D) of paragraph (3).
                    ``(C) Roster.--The Secretary shall maintain a 
                roster of aliens in this category.
                    ``(D) Fee.--Employers of CW-3 workers shall be 
                subject to the annual education fee under subsection 
                (a)(6).
            ``(8) Requirement to remain outside of the united states.--
        Except as provided in paragraph (7), the permit for a 
        Commonwealth Only Transitional Worker may not be renewed for 
        more than 2 consecutive years. 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 30 days.''; and
            (4) by adding at the end the following:
    ``(i) Definitions.--In this section:
            ``(1) Allocation year.--The term `allocation year' means 
        the fiscal year immediately following the current year.
            ``(2) Commonwealth.--The term `Commonwealth' means the 
        Commonwealth of the Northern Mariana Islands.
            ``(3) 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 
        (d)(3).
            ``(4) Current year.--The term `current year' means the 
        fiscal year in which an allocation is determined for the 
        allocation year.
            ``(5) Domestic worker.--The term `domestic worker' means 
        any worker who is--
                    ``(A) a United States worker; or
                    ``(B) a citizen of the Republic of the Marshall 
                Islands, the Federated States of Micronesia, or the 
                Republic of Palau (known collectively as the `Freely 
                Associated States') who has been lawfully admitted to 
                the United States pursuant to--
                            ``(i) section 141 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 (48 U.S.C. 1921 note); or
                            ``(ii) section 141 of the Compact of Free 
                        Association between the United States and the 
                        Government of Palau (48 U.S.C. 1931 note).
            ``(6) Governor.--The term `Governor' means the Governor of 
        the Commonwealth of the Northern Mariana Islands.
            ``(7) Secretary.--The term `Secretary' means the Secretary 
        of Homeland Security.
            ``(8) Tax year.--The term `tax year' means the fiscal year 
        immediately preceding the current year.
            ``(9) United states worker.--The term `United States 
        worker' means any worker who is--
                    ``(A) a citizen or national of the United States; 
                or
                    ``(B) an alien who has been--
                            ``(i) lawfully admitted for permanent 
                        residence;
                            ``(ii) admitted as a refugee under section 
                        207 of the Immigration and Nationality Act (8 
                        U.S.C. 1157); or
                            ``(iii) granted asylum under section 208 of 
                        such Act (8 U.S.C. 1158).''.
    (b) Rulemaking.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall publish 
regulations in the Federal Register to implement the amendments made by 
subsection (a).
    (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;
            (2) to provide assistance in recruiting, training, and 
        hiring United States workers; and
            (3) to provide such other technical assistance and 
        consultation as outlined in section 702(e) of the Consolidated 
        Natural Resources Act of 2008 (48 U.S.C. 1807).
                                 <all>
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