IB 

Union Calendar No. 473 

108TH CONGRESS 

2D SESSION H. R. 5135 

[Report No. 108–761] 

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 

OCTOBER 7, 2004 

Additional sponsors: Mr. CASE, Mr. BLUNT, Mr. GILCHREST, Mrs. 

CHRISTENSEN, Mr. CARDOZA, Mr. SCOTT of Georgia, Mr. 

FALEOMAVAEGA, and Mr. RADANOVICH

OCTOBER 7, 2004 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

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. 
2 

•HR 5135 RH 

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’’. 

6 SEC. 2. DELEGATE TO HOUSE OF REPRESENTATIVES FROM 

7 COMMONWEALTH OF THE NORTHERN MAR8 IANA ISLANDS. 

9 The Commonwealth of the Northern Mariana Islands 

10 shall be represented in the United States Congress by the 

11 Resident Representative to the United States authorized 

12 by section 901 of the Covenant to Establish a Common13 wealth of the Northern Mariana Islands in Political Union 

14 with the United States of America (approved by Public 

15 Law 94–241 (48 U.S.C. 1801 et seq.)). The Resident Rep16 resentative shall be a nonvoting Delegate to the House of 

17 Representatives, elected as provided in this Act. 

18 SEC. 3. ELECTION OF DELEGATE. 

19 (a) ELECTORS AND TIME OF ELECTION.—The Dele20 gate shall be elected— 

21 (1) by the people qualified to vote for the popu22 larly elected officials of the Commonwealth of the 

23 Northern Mariana Islands; and 
3 

•HR 5135 RH 

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

2 at such Federal general election every 2d year there3 after. 

4 (b) MANNER OF ELECTION.— 

5 (1) IN GENERAL.—The Delegate shall be elect6 ed at large and by a plurality of the votes cast for 

7 the office of Delegate. 

8 (2) EFFECT OF ESTABLISHMENT OF PRIMARY

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

10 Government of the Commonwealth of the Northern 

11 Mariana Islands, acting pursuant to legislation en12 acted in accordance with the Constitution of the 

13 Commonwealth of the Northern Mariana Islands, 

14 provides for primary elections for the election of the 

15 Delegate, the Delegate shall be elected by a majority 

16 of the votes cast in any general election for the of17 fice of Delegate for which such primary elections 

18 were held. 

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

20 office of Delegate, the office of Delegate shall remain va21 cant until a successor is elected and qualified. 

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

23 Delegate shall commence on the 3d day of January fol24 lowing the date of the election. 
4 

•HR 5135 RH 

1 SEC. 4. QUALIFICATIONS FOR OFFICE OF DELEGATE. 

2 To be eligible for the office of Delegate a candidate 

3 shall— 

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

5 the election; 

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

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

8 (3) be a resident and domiciliary of the Com9 monwealth of the Northern Mariana Islands for at 

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

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

12 the Northern Mariana Islands on the date of the 

13 election; and 

14 (5) not be, on the date of the election, a can15 didate for any other office. 

16 SEC. 5. DETERMINATION OF ELECTION PROCEDURE. 

17 Acting pursuant to legislation enacted in accordance 

18 with the Constitution of the Commonwealth of the North19 ern Mariana Islands, the Government of the Common20 wealth of the Northern Mariana Islands may determine 

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

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

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

24 method by which ties between candidates for the office of 

25 Delegate shall be resolved, and all other matters of local 
5 

•HR 5135 RH 

1 application pertaining to the election and the office of Del2 egate not otherwise expressly provided for in this Act. 

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

4 Until the Rules of the House of Representatives are 

5 amended to provide otherwise, the Delegate from the Com6 monwealth of the Northern Mariana Islands shall receive 

7 the same compensation, allowances, and benefits as a 

8 Member of the House of Representatives, and shall be en9 titled to whatever privileges and immunities are, or herein10 after may be, granted to any other nonvoting Delegate to 

11 the House of Representatives. 

12 SEC. 7. LACK OF EFFECT ON COVENANT. 

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

14 amend, or abrogate any provision of the covenant referred 

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

16 SEC. 8. DEFINITION. 

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

18 the Resident Representative referred to in section 2. 
Union Calendar No. 473 

108TH CONGRESS 

2D SESSION H. R. 5135 

[Report No. 108–761] 

A BILL 

To provide for a nonvoting delegate to the House 

other purposes. wealth of the Northern Mariana Islands, and for of Representatives to represent the CommonOCTOBER 7, 2004 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed