I 

108TH CONGRESS 

2D SESSION 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. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 23, 2004

Mr. POMBO (for himself, Mr. RAHALL, Mr. FLAKE, Mr. YOUNG of Alaska, Mr. 

BURTON of Indiana, Mr. WALDEN of Oregon, Mr. COLE, Ms. BORDALLO, 

Mr. REHBERG, and Mr. ABERCROMBIE) introduced the following bill; 

which was referred to the Committee on Resources 

A BILL

To provide for a nonvoting delegate to the House of Representatives to represent the Commonwealth of the 

Northern Mariana Islands, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Northern Mariana Is5 lands Delegate Act’’. 
2

•HR 5135 IH 

1 SEC. 2. DELEGATE TO HOUSE OF REPRESENTATIVES FROM 

2 COMMONWEALTH OF THE NORTHERN MAR3 IANA ISLANDS. 

4 The Commonwealth of the Northern Mariana Islands 

5 shall be represented in the United States Congress by the 

6 Resident Representative to the United States authorized 

7 by section 901 of the Covenant to Establish a Common8 wealth of the Northern Mariana Islands in Political Union 

9 with the United States of America (approved by Public 

10 Law 94–241 (48 U.S.C. 1801 et seq.)). The Resident Rep11 resentative shall be a nonvoting Delegate to the House of 

12 Representatives, elected as provided in this Act. 

13 SEC. 3. ELECTION OF DELEGATE. 

14 (a) ELECTORS AND TIME OF ELECTION.—The Dele15 gate shall be elected—

16 (1) by the people qualified to vote for the popu17 larly elected officials of the Commonwealth of the 

18 Northern Mariana Islands; and 

19 (2) at the Federal general election of 2006 and 

20 at such Federal general election every 2d year there21 after. 

22 (b) MANNER OF ELECTION.—

23 (1) IN GENERAL.—The Delegate shall be elect24 ed at large and by a plurality of the votes cast for 

25 the office of Delegate. 
3

•HR 5135 IH 

1 (2) EFFECT OF ESTABLISHMENT OF PRIMARY

2 ELECTIONS.—Notwithstanding paragraph (1), if the 

3 Government of the Commonwealth of the Northern 

4 Mariana Islands, acting pursuant to legislation en5 acted in accordance with the Constitution of the 

6 Commonwealth of the Northern Mariana Islands, 

7 provides for primary elections for the election of the 

8 Delegate, the Delegate shall be elected by a majority 

9 of the votes cast in any general election for the of10 fice of Delegate for which such primary elections 

11 were held. 

12 (c) VACANCY.—In case of a permanent vacancy in the 

13 office of Delegate, the office of Delegate shall remain va14 cant until a successor is elected and qualified. 

15 (d) COMMENCEMENT OF TERM.—The term of the 

16 Delegate shall commence on the 3d day of January fol17 lowing the date of the election. 

18 SEC. 4. QUALIFICATIONS FOR OFFICE OF DELEGATE. 

19 To be eligible for the office of Delegate a candidate 

20 shall—

21 (1) be at least 25 years of age on the date of 

22 the election; 

23 (2) have been a citizen of the United States for 

24 at least 7 years prior to the date of the election; 
4

•HR 5135 IH 

1 (3) be a resident and domiciliary of the Com2 monwealth of the Northern Mariana Islands for at 

3 least 7 years prior to the date of the election; 

4 (4) be qualified to vote in the Commonwealth of 

5 the Northern Mariana Islands on the date of the 

6 election; and 

7 (5) not be, on the date of the election, a can8 didate for any other office. 

9 SEC. 5. DETERMINATION OF ELECTION PROCEDURE. 

10 Acting pursuant to legislation enacted in accordance 

11 with the Constitution of the Commonwealth of the North12 ern Mariana Islands, the Government of the Common13 wealth of the Northern Mariana Islands may determine 

14 the order of names on the ballot for election of Delegate, 

15 the method by which a special election to fill a permanent 

16 vacancy in the office of Delegate shall be conducted, the 

17 method by which ties between candidates for the office of 

18 Delegate shall be resolved, and all other matters of local 

19 application pertaining to the election and the office of Del20 egate not otherwise expressly provided for in this Act. 

21 SEC. 6. COMPENSATION, PRIVILEGES, AND IMMUNITIES. 

22 Until the Rules of the House of Representatives are 

23 amended to provide otherwise, the Delegate from the Com24 monwealth of the Northern Mariana Islands shall receive 

25 the same compensation, allowances, and benefits as a 
5

•HR 5135 IH 

1 Member of the House of Representatives, and shall be en2 titled to whatever privileges and immunities are, or herein3 after may be, granted to any other nonvoting Delegate to 

4 the House of Representatives. 

5 SEC. 7. LACK OF EFFECT ON COVENANT. 

6 No provision of this Act shall be construed to alter, 

7 amend, or abrogate any provision of the covenant referred 

8 to in section 2 except section 901 of the covenant. 

9 SEC. 8. DEFINITION. 

10 For purposes of this Act, the term ‘‘Delegate’’ means 

11 the Resident Representative referred to in section 2.

Æ