During World War II, the United States took control of the Northern Mariana Islands fromthe Japanese. Following the war, the United Nations made the islands a trusteeship of the UnitedStates. In 1975, the United States and representatives of the islands reached an agreement, knownas the "Covenant to Establish A Commonwealth of the Northern Mariana Islands in Political Unionwith the United States of America," and in 1986 residents of the Northern Mariana Islands weregranted U.S. citizenship. Under terms of the covenant, the Commonwealth makes its own laws. The Commonwealth of the Northern Mariana Islands (CNMI), pursuant to the covenantagreement with the United States incorporated into P.L. 94-241 (48 U.S.C. 1801), currently electsa Resident Representative, which is different from the position of Resident Commissioner fromPuerto Rico. The Resident Representative formally presents his credentials to the Department ofState and is the representative of the CMNI government to the various governmental departmentsin Washington concerned with Northern Mariana Islands issues, primarily the Department of theInterior. Currently, the Resident Representative has no official status in Congress, although he hasfrequently testified before congressional committees. Representation for CMNI in Congress was not discussed in the Covenant between the UnitedStates and the commonwealth in 1975. In 1986, a report to the Reagan Administration from a groupknown as The Commission on Federal Laws, called for granting the Northern Mariana Islandsnon-voting representation in the House, though no action was taken on this recommendation at thattime. (2) Delegate Proposals in Previous Congresses. When the United States and the Mariana Islands agreed to the covenant of association, it was thoughtthat the Mariana Islands lacked sufficient population to warrant a congressional Delegate. Since then,as the population has grown, Members of the House have debated whether to create a new positionof non-voting delegate for the Commonwealth of the Northern Mariana Islands. Bills to authorizethe creation of such a post have been introduced regularly in the House since 1994, but suchmeasures usually have not been acted upon. Prior to the 108th Congress, the most recent committeeaction occurred in 1996, when the House Resources Committee reported H.R. 4067 (104th Congress, second session). Introduced by Representative Elton Gallegly, the bill provided forthe election of a Delegate from the Northern Mariana Islands for the congressional term beginningin 1999 (106th Congress). The committee approved H.R. 4067 by voice vote on September 18, 1996. FourMembers (Representatives Wes Cooley, Helen Chenoweth, Jack Metcalf, and Joel Hefley), however,later asked that the committee's report reflect their opposition. A fifth committee member,Representative George Miller, filed a formal written dissent. The measure was reported to the Houseon September 27, 1996. No further action occurred. The Resources Committee report noted that "NMI is the last and only U.S. territory with apermanent population that has no voice [in Congress]." The report continued: The small population of NMI was cited by the MarianasPolitical Status Commission, which negotiated the Covenant for the islands, as the reason NMI wasunable to obtain a nonvoting delegate in the Covenant despite the backing of the executive branchof the Federal Government. NMI population of 15,000 (1970 Census) was considerably less at thattime than the populations of Guam (86,926) and the Virgin Islands (63,200) had been when thoseterritories were granted nonvoting delegates in 1972. Two years after approving the Covenantwithout a provision for an NMI delegate, however, Congress granted a delegate to American Samoawith a resident population of 27,000, most of whom were not U.S. citizens. Today, with a U.S.citizen population of 27,512 and a total population of 59,913, NMI is clearly within the thresholdof population established by precedents both historical and contemporary. (3) In opposing the committee's recommendation, Representative Miller argued that theResources Committee had given little formal consideration to the proposal, not even holding ahearing or Member briefing on H.R. 4067 before the markup. Representative Millerfurther charged that there were long-standing labor law abuses in CNMI, particularly with regard toworking conditions that were unsafe or abusive and wage rates substantially below those foundamong the States of the United States or in neighboring Guam. Representative Miller urged thatreform of labor conditions be a pre-condition for authorizing a Delegate for CNMI. This nation has a long history of requiring those whowish representation to change behavior such as polygamy or slavery, behaviors which are contraryto the beliefs and ethics of this nation as a whole. I recognize that some assert that we will have abetter opportunity to pressure CNMI into accepting the legal changes we seek if it is represented inthe Congressâ¦. Rather, I believe that only by sending a clear message of disapproval, by denyingmembership in the House of Representatives until sustained and substantive reforms areimplemented, will this House demonstrate that change within the CNMI is required to meet thestandard for equal participation in the Congress commensurate with that of other delegates. (4) Delegate Proposals in the 108th Congress. OnSeptember 29, 2004, the House Resources Committee reported by voice vote H.R. 5135 , which was introduced by Representative Richard Pombo. The bill saw no further action inthe 108th Congress. The bill would have established the position of non-voting Delegate from theCommonwealth of the Northern Mariana Islands, and it would have provided for the election of thefirst such Delegate in the 2006 election cycle. The bill required, in a manner that parallels therequirements for service as a Member of the House, that the Delegate from the Northern Marianasbe at least 25 years old, a citizen of the United States for seven years, and a resident of the territory. Additional eligibility requirements stipulated that the delegate also be a "domicilary" of theCommonwealth, a qualified voter in the Northern Marianas, and, at the time of his or her election,not be a candidate for any other elected office. The bill saw no further action in the 108th Congress. The committee report specifically addressed concerns about labor abuses which causedMember opposition in past Congresses. The report said: Congressional influence, Administrative actions andlocal changes have resulted in reduced allegations of worker exploitation and human rightsviolations. The Committee supports the actions taken by Governor Juan Babauta, including laborlaw enforcement and improved coordination with the federal agencies that oversee the localimmigration and labor practices. H.R. 5135 will provide for a better means for theCNMI to keep Congress abreast of its progress and request further assistance in areas of need toaddress their unique economic base. (5) The markup was preceded by a February 25, 2004 hearing by the House ResourcesCommittee entitled: "Examination of the Potential for a Delegate from the Commonwealth of theNorthern Mariana Islands." Testifying before the committee were the Governor of CMNI, Juan N.Babauta; Pedro A. Tenorio, the elected Resident Representative of the CMNI to the United States;Joaquin G. Adriano, President of the Senate of CMNI; David B. Cohen, Deputy Assistant Secretaryof the Interior for Insular Affairs; and Mrs. Ruth G. Van Cleve, former Director of the Office ofTerritories at the Interior Department. Mr. Cohen was accompanied by James J. Benedetto, FederalOmbudsman, Office of the Ombudsman of the Interior Department, who answered questions fromMembers. While making it clear that the Administration recognizes that it is the House's prerogativeto decide its membership, Cohen said that "the Administration continues to support the generalconcept that the CNMI should be represented by a non-voting delegate to the U.S. House ofRepresentatives." (6) All three elected officials from the CNMI testified in support of the proposal. "The peopleof the Northern Marianas do have a fundamental right to have a voice in their own government," saidGovernor Babauta. "I urge you to introduce Delegate legislation and see it successfully through thelegislative process." (7) "The purpose of my testimony today is to respectfully request that Congress authorize anonvoting Delegate position in Congress for the CNMI," said Tenorio. "Such legislation wouldextend democratic representation to American citizens in the commonwealth and affirm Congress'commitment to the democratic principles of our Republic." (8) Cohen told the committee he believed the cost of an additional Delegate from CNMI wouldbe about $1.1 million each year or the same as the costs for the Delegate from Guam. Those fundswould come from the legislative branch appropriation. Representative George Miller discussed the concerns he had in 1996 and then said that hebelieved from the testimony delivered at the hearing that a "majority of these changes have beenmade." Miller said he continues "to have serious concerns" about the proposal to grant CNMI aDelegate, but felt it is "worth continuing the discussion." Legislatively, House measures proposing to establish the office of territorial Delegate arereferred to the Committee on Resources, the successor to the earlier Committee on Territories andCommittee on Insular Affairs that considered bills concerning delegates in the 19th and early part ofthe 20th centuries. (The only modern exception to this referral practice was the bill to establish theoffice of Delegate from the District of Columbia. This measure was reported from the formerCommittee on the District of Columbia, the duties of which are now performed by the GovernmentReform Committee). Delegate Proposals in the 109th Congress.