[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5135 Introduced in House (IH)]






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.

    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 Delegate 
Act''.

SEC. 2. DELEGATE TO HOUSE OF REPRESENTATIVES FROM COMMONWEALTH OF THE 
              NORTHERN MARIANA ISLANDS.

    The Commonwealth of the Northern Mariana Islands shall be 
represented in the United States Congress by the Resident 
Representative to the United States authorized by section 901 of the 
Covenant to Establish a Commonwealth of the Northern Mariana Islands in 
Political Union with the United States of America (approved by Public 
Law 94-241 (48 U.S.C. 1801 et seq.)). The Resident Representative shall 
be a nonvoting Delegate to the House of Representatives, elected as 
provided in this Act.

SEC. 3. ELECTION OF DELEGATE.

    (a) Electors and Time of Election.--The Delegate shall be elected--
            (1) by the people qualified to vote for the popularly 
        elected officials of the Commonwealth of the Northern Mariana 
        Islands; and
            (2) at the Federal general election of 2006 and at such 
        Federal general election every 2d year thereafter.
    (b) Manner of Election.--
            (1) In general.--The Delegate shall be elected at large and 
        by a plurality of the votes cast for the office of Delegate.
            (2) Effect of establishment of primary elections.--
        Notwithstanding paragraph (1), if the Government of the 
        Commonwealth of the Northern Mariana Islands, acting pursuant 
        to legislation enacted in accordance with the Constitution of 
        the Commonwealth of the Northern Mariana Islands, provides for 
        primary elections for the election of the Delegate, the 
        Delegate shall be elected by a majority of the votes cast in 
        any general election for the office of Delegate for which such 
        primary elections were held.
    (c) Vacancy.--In case of a permanent vacancy in the office of 
Delegate, the office of Delegate shall remain vacant until a successor 
is elected and qualified.
    (d) Commencement of Term.--The term of the Delegate shall commence 
on the 3d day of January following the date of the election.

SEC. 4. QUALIFICATIONS FOR OFFICE OF DELEGATE.

    To be eligible for the office of Delegate a candidate shall--
            (1) be at least 25 years of age on the date of the 
        election;
            (2) have been a citizen of the United States for at least 7 
        years prior to the date of the election;
            (3) be a resident and domiciliary of the Commonwealth of 
        the Northern Mariana Islands for at least 7 years prior to the 
        date of the election;
            (4) be qualified to vote in the Commonwealth of the 
        Northern Mariana Islands on the date of the election; and
            (5) not be, on the date of the election, a candidate for 
        any other office.

SEC. 5. DETERMINATION OF ELECTION PROCEDURE.

    Acting pursuant to legislation enacted in accordance with the 
Constitution of the Commonwealth of the Northern Mariana Islands, the 
Government of the Commonwealth of the Northern Mariana Islands may 
determine the order of names on the ballot for election of Delegate, 
the method by which a special election to fill a permanent vacancy in 
the office of Delegate shall be conducted, the method by which ties 
between candidates for the office of Delegate shall be resolved, and 
all other matters of local application pertaining to the election and 
the office of Delegate not otherwise expressly provided for in this 
Act.

SEC. 6. COMPENSATION, PRIVILEGES, AND IMMUNITIES.

    Until the Rules of the House of Representatives are amended to 
provide otherwise, the Delegate from the Commonwealth of the Northern 
Mariana Islands shall receive the same compensation, allowances, and 
benefits as a Member of the House of Representatives, and shall be 
entitled to whatever privileges and immunities are, or hereinafter may 
be, granted to any other nonvoting Delegate to the House of 
Representatives.

SEC. 7. LACK OF EFFECT ON COVENANT.

    No provision of this Act shall be construed to alter, amend, or 
abrogate any provision of the covenant referred to in section 2 except 
section 901 of the covenant.

SEC. 8. DEFINITION.

    For purposes of this Act, the term ``Delegate'' means the Resident 
Representative referred to in section 2.
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