39–006 

108TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 108–761 

NORTHERN MARIANA ISLANDS DELEGATE ACT 

OCTOBER 7, 2004.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. POMBO, from the Committee on Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 5135] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Resources, to whom was referred the bill 

(H.R. 5135) to provide for a nonvoting delegate to the House of 

Representatives to represent the Commonwealth of the Northern 

Mariana Islands, and for other purposes, having considered the 

same, report favorably thereon without amendment and recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 5135 is to provide for a nonvoting delegate 

to the House of Representatives to represent the Commonwealth of 

the Northern Mariana Islands, and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

History of Non-Voting Delegates to Congress 

Territorial delegates have existed in Congress and specifically to 

the U.S. House of Representatives since 1787, with the establishment of a government under the Northwest Ordinance for the territory northwest of the Ohio River. 

In 1898, the U.S. acquired overseas territories (Puerto Rico, the 

Phillippines, and Guam) at the end of the Spanish-American War. 

Their status within the American family became a subject of debate for Congress. Nevertheless, a law was enacted which provided 

a new form of territorial representation for Puerto Rico and the 

Phillippines—legally recognized as unincorporated territories having only the ‘‘fundamental’’ part of the Constitution applied. This 

representation did not grant the privileges that are held by today’s 

delegates. 

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At this time, there are four non-voting delegates to the U.S. 

House: ones for the District of Columbia, American Samoa, Guam, 

and the U.S. Virgin Islands. These positions, which were created 

in the 1970s, all have most of the same parliamentary rights as 

any Member of the House, including the introduction and cosponsorship of bills and the right to offer amendments on measures 

being debated; they may also vote in committees. However, they do 

not have a right to vote on the floor of the House. 

History of the Commonwealth of the Northern Mariana Islands 

The Commonwealth of the Northern Mariana Islands (CNMI) is 

a United States territory composed of 14 major islands totaling approximately 183.5 square miles. The southernmost of the Mariana 

Island chain, but a separate political jurisdiction, is the territory of 

Guam. The U.S. began its presence in the western Pacific at the 

end of the Spanish-American War, whereby the U.S. acquired 

Guam through the 1898 Treaty of Paris. At the time, the remaining 

islands of the Mariana archipelago were sold by Spain to Germany. 

After losing control of Guam to the Japanese Empire in 1941, 

U.S. forces returned to the Marianas region of the Pacific in 1944 

and recaptured Guam. In doing so, U.S. forces also secured the 

Northern Mariana Islands (NMI). It was from these islands during 

this time that B–29s were launched from the island of Tinian to 

deliver the atomic bombs that forced Japan’s surrender. 

After World War II, the NMI were governed by the U.S. military 

until replaced by civilian appointees under the authority of the Department of the Interior in 1962. U.S. administration formally 

began in the CNMI in 1947 as the islands were part of the United 

Nations Strategic Trust Territory of the Pacific Islands. Our role in 

overseeing these islands was to assist them in advancing politically 

as well as assisting them in socioeconomic matters. 

To that end, the people of the NMI sought self-government as 

part of the United States. In a 1969 plebiscite they voted to reunify 

their islands with the southern-most island of the Mariana Archipelago, Guam, thereby becoming part of a U.S. territory. Voters in 

Guam, however, rejected unification with their northern neighbors 

who had been under German and then Japanese administration for 

so many years. In general, as part of their political evolution, the 

NMI began a push for greater self-governing powers. Their framework for asserting these powers was encapsulated in a ‘‘Covenant’’ 

they submitted to Congress in 1975. 

Congress then acted on their behalf by moving to pass the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (‘‘Covenant’’) which was then signed into law in 1976 by President Gerald Ford as Public Law 94–241. Finally, President Ronald Reagan’s 

Presidential Proclamation on November 3, 1986, established a Covenant between the U.S. government and the NMI which provided 

Commonwealth status. Further, the United Nations acknowledged 

the termination of the Trust Territory of the Pacific Islands with 

respect to the NMI by Security Council Resolution No. 638 on December 22, 1990. 

The practical implications of the enactment of the Covenant included the fact that from the date mentioned above, the residents 

of the NMI became U.S. citizens and everyone born in these islands 

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since that date are also U.S. citizens by birth. The Covenant also 

provided for local control over immigration and minimum wage 

laws. These special measures were included to assist the NMI with 

their economic transition, though Congress retains the discretion to 

modify the law in these areas. 

Past Congressional actions on legislation similar to H.R. 5135 

have highlighted the concerns of some Members over the labor and 

immigration practices of the CNMI. The resident or guest worker 

population is one that has sparked some controversy during past 

consideration of similar legislation, and is the main area of focus 

for Congress when discussing the labor and immigration laws in 

the CNMI. The garment industry has been a very important component of CNMI development and its relationship with the United 

States, but some of its factories have closed in recent years and 

revenues have declined. And in 2005, with the expiration of World 

Trade Organization quotas, this industry could see a sharp decline 

as the competitive advantage the CNMI currently holds will lessen. 

Congressional influence, Administrative actions and local 

changes have resulted in reduced allegations of worker exploitation 

and human rights violations. The Committee supports the actions 

taken by Governor Juan Babauta, including labor law enforcement 

and improved coordination with the federal agencies that oversee 

the local immigration and labor practices. H.R. 5135 will provide 

for a better means for the CNMI to keep Congress abreast of its 

progress and request further assistance in areas of need to address 

their unique economic base. 

Need for H.R. 5135 

The CNMI is the last and only territory with a permanent U.S. 

population that has no permanent voice in Congress. There are no 

territories, possessions, or former trust territories which would 

meet the historical criteria for a delegate. The former Micronesia 

Trust Territories are now associated republics. They have ambassadors, not delegates, and are members of the United Nations. 

Populations of the different territories have varied from as few 

as 5,000 to 259,000 when they were first represented by a nonvoting delegate. The small population of the NMI was cited by the 

Marianas Political Status Commission, which negotiated the Covenant for the islands, as the reason the NMI was unable to obtain 

a nonvoting delegate in the Covenant despite the backing of the 

Executive Branch of the federal government. The NMI population 

of 15,000 (recorded in the 1970 Census) was considerably less at 

that time than the populations of Guam (86,926) and the Virgin Islands (63,200) had been when those territories were provided nonvoting delegates in 1972. 

Two years after approving the Covenant without a provision for 

an NMI delegate, however, Congress granted a delegate to American Samoa with a resident population of 27,000, most of whom 

were not U.S. citizens. Today, with a U.S. citizen population of approximately 35,000 and a total population of 69,221, according to 

the 2000 Census, the CNMI is clearly within the threshold of population established by precedents both historical and contemporary. 

H.R. 5135 would provide for a non-voting delegate for the CNMI, 

and create a federal office as was created for all of the other U.S. 

jurisdictions. This would replace the Resident Representative office 

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that the CNMI currently has. The legislation would also provide for 

the manner in which this new delegate could be elected, along with 

the criteria that would qualify an individual for candidacy. These 

components are all similar to those criteria set forth in the CNMI 

Constitution. H.R. 5135 will also not abrogate the various existing 

laws established within the Covenant. 

COMMITTEE ACTION

H.R. 5135 was introduced on September 23, 2004, by Chairman 

Richard W. Pombo (R–CA). The bill was referred to the Committee 

on Resources. On September 29, 2004, the Full Resources Committee met to consider the bill. No amendments were offered and 

the bill was then ordered favorably reported to the House of Representatives by voice vote. 

The Full Committee held a hearing to Examine the Potential for 

a Delegate from the Commonwealth of the Northern Mariana Islands on February 25, 2004. At this hearing, the Administration 

testified in support of the concept of a nonvoting delegate for the 

CNMI. Similar legislation providing for a CNMI non-voting delegate has been introduced in every Congress beginning with the 

103rd. The last example to be reported by the House Resources 

Committee was in the 104th Congress, H.R. 4067.

SECTION-BY-SECTION ANALYSIS

Section 1. Short Title 

This Act may be cited as the ‘‘Northern Mariana Islands Delegate Act.’’ 

Section 2. Delegate to the House of Representatives From Commonwealth of the Northern Mariana Islands 

This section states that section 901 of Public Law 94–241 authorizes the Resident Representative position and that this person shall 

be a nonvoting Delegate to the U.S. House of Representatives. 

Section 3. Election of Delegate 

This section sets forth the form of election and timing of the elections. It creates a plurality winner in the general election after a 

primary election wherein a majority vote decides the winner of that 

primary election. 

Section 4. Qualifications for Office of Delegate 

This section delineates criteria for candidate eligibility, consistent with local CNMI law. 

Section 5. Determination of Election Procedure 

This section clarifies which powers within the election framework 

remain within CNMI control, continuing matters of local application. 

Section 6. Compensation, Privileges, and Immunities 

This section states that all of the current Rules of the House of 

Representatives pertaining to Members of Congress, including compensation, privileges, and immunities, shall apply to the nonvoting 

Delegate created in the legislation. 

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Section 7. Lack of Effect on Covenant 

This section clarifies that the powers enumerated in the Covenant remain. 

Section 8. Definition 

This section defines ‘‘Delegate’’ as the Resident Representative 

mentioned in Section 2. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on Resources’ oversight findings and recommendations are reflected in 

the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article IV, section 3 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, credit authority, or an increase 

or decrease in revenues or tax expenditures. According to the Congressional Budget Office, enactment of H.R. 5135 would increase 

direct spending by less than $200,000 a year. 

3. General Performance Goals and Objectives. This bill does not 

authorize funding and therefore, clause 3(c)(4) of rule XIII of the 

Rules of the House of Representatives does not apply. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office:

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, October 6, 2004. 

Hon. RICHARD W. POMBO, 

Chairman, Committee on Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 5135, the Northern Mariana Islands Delegate Act. 

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If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contacts are Matthew Pickford (for 

federal costs), and Marjorie Miller (for the state and local impact). 

Sincerely, 

ELIZABETH M. ROBINSON

(For Douglas Holtz-Eakin, Director). 

Enclosure. 

H.R. 5135—Northern Mariana Islands Delegate Act 

H.R. 5135 would provide Congressional representation for the 

Commonwealth of the Northern Mariana Islands (CNMI) by creating a nonvoting delegate in the House of Representatives beginning in January 2006. As a nonvoting Member, the delegate would 

have some of the same powers of a full-fledged Member including 

the ability to introduce bills, offer amendments and vote in House 

committees, but would not be able to vote on the floor of the House. 

In addition, the delegate would receive the same compensation, allowances, and benefits as a Member. Under current law, the Northern Mariana Islands elects a Resident Representative who represents the CNMI government in the United States, but has no official status in the Congress. 

Enacting H.R. 5135 would increase direct spending for the payment of the salary of the new nonvoting delegate. CBO estimates 

that the increase in direct spending would be less than $200,000 

per year. 

Based on the current administrative and expense allowances 

available for Members and other typical office costs, CBO estimates 

that the addition of a new nonvoting delegate would cost approximately $1.2 million annually beginning in fiscal year 2006, subject 

to the availability of appropriated funds. 

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

The bill does not require CNMI to select a delegate, but if it 

chooses to do so, it would require the government of CNMI to hold 

biennial elections in even years. (All CNMI elections now take 

place in odd years.) Based on information provided by CNMI officials, we estimate that the cost of each election would be about 

$25,000. CNMI would save substantially more than that, however, 

because it would no longer pay for a Resident Representative in 

Washington, once a delegate was elected and in place. All the expenses of the delegate’s office would be paid by the federal government. 

The CBO staff contacts for this estimate are Matthew Pickford 

(for the federal costs) and Marjorie Miller (for the state and local 

impact). This estimate was approved by Peter H. Fontaine, Deputy 

Assistant Director for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

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CHANGES IN EXISTING LAW

If enacted, this bill would make no changes to existing law.

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