[House Report 104-856]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-856
_______________________________________________________________________


 
                 NORTHERN MARIANA ISLANDS DELEGATE ACT

                                _______
                                

 September 27, 1996.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 4067]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 4067) to provide for representation of the Northern 
Mariana Islands by a nonvoting Delegate in the House of 
Representatives, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.
    The amendment is as follows:
    In subsection (c) of section 6, as proposed to be added by 
section 2 of the bill, insert ``and not before the general 
Federal election of 1998,'' after ``elected, but not 
appointed,''.

                          Purpose of the Bill

    The purpose of H.R. 4067 is to provide for representation 
of the Northern Mariana Islands by a nonvoting delegate in the 
House of Representatives.

                  Background and Need for Legislation

    The Commonwealth of the Northern Mariana Islands (NMI) is a 
United States territory composed of 14 major islands totaling 
approximately 183.5 square miles, and is situated some 3,700 
miles west of the State of Hawaii. The southernmost of the 
Mariana Island chain, but a separate political jurisdiction, is 
the Territory of Guam.
    All of the Marianas fell to the United States during the 
Spanish American War (1898) with the capture of Manila, the 
seat of the Spanish colonial government over the islands. Only 
Guam was retained by the U.S. in the Treaty of Paris that ended 
the war; however, subsequently, Spain sold the northern 
Marianas to Germany. The islands again changed hands in 1917, 
when Japanese forces ousted the German governor. After World 
War I, Japan was granted a League of Nations mandate over the 
northern Marianas.
    Japanese fortification of the islands, particularly Saipan, 
and their proximity to Japan itself, made the capture of the 
northern Marianas critical to the United States strategy in 
World War II. Beginning with the Battle of Saipan in June, 
1944, and ending with the liberation of Guam later that summer, 
U.S. forces wrested the Marianas from the Japanese. In August, 
1945, B-29's launched from Tinian, another of the northern 
Marianas, delivered the atomic bombs that forced Japan's 
surrender.
    Following occupation, the U.S. military governed the 
islands until replaced by civilian appointees under the 
authority of the Interior Department in 1962. NMI became part 
of the district of the Trust Territory of the Pacific Island 
created by the United Nations in 1947. The United States was 
appointed trustee with the responsibility to bring the islands 
to ``self-government or independence.''
    The people of 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.
    Thereafter, negotiators for NMI and for the United States 
Government developed the terms of the future political 
relationship between the islands and the U.S. The resulting 
Covenant to Establish a Commonwealth of the Northern Mariana 
Islands in Political Union with the United States won 78.8 
percent acceptance in a local plebiscite in 1975, and Congress 
approved the Covenant in 1976 with Public Law 94-241.
    The Covenant became fully effective with Ronald Reagan's 
Presidential Proclamation No. 5564 on November 3, 1986. On that 
same date, the residents of NMI became United States citizens 
and all others born in the NMI from that time forward acquired 
U.S. citizenship. The United Nations acknowledged the 
termination of the Trust Territory of the Pacific Island, with 
respect to the Northern Marianas, by Security Council 
Resolution No. 638 of December 22, 1990.
    There are no other territories, possessions, or former 
trust territories which would meet the historical criteria for 
a delegate. The former Micronesian Trust Territories are now 
associated republics. They have ambassadors, not delegates, and 
are members of the United Nations. Furthermore, they are 
citizens of their own respective countries and not U.S. 
citizens. NMI is the last and only U.S. territory with a 
permanent population that has no voice.
    Among all of the present non-State areas of the United 
States, the relationship with NMI is unique in that it 
originated from an accord (the Covenant) between the political 
leaders of NMI and the United States. Its key provisions 
recognize that the Northern Marianas is under the sovereignty 
of the United States; the people of NMI are guaranteed the 
right of self-government under a republican form of government; 
they are U.S. citizens to whom specified provisions of the 
Constitution apply; and they are subject to the law-making 
authority of Congress under the Territorial Clause (Article 
III, Section 2, Clause 1).
    Other aspects of the Covenant are provisional and were 
intended to be temporary until the Trusteeship ended, U.S. 
citizenship conferred on the residents, and Federal policy 
regarding the application of other Federal laws established. 
Special measures were included to assist the Marianas economic 
transition. For instance, the Covenant gives to NMI the right 
to control immigration but this local authority clearly may be 
modified or transferred at the discretion of Congress. Also, 
the Covenant provided for an initial seven years of financial 
assistance to promote economic development and raise the 
standard of living. Congress has renewed this multi-year 
funding and modified the terms of this aid over the years, but 
has now acted to phase it out entirely.
    In the twenty years since the Covenant was initially 
approved, NMI has established its own constitution and formed 
its government, the Commonwealth of the Northern Mariana 
Islands. From a negligible level of economic activity in 1976, 
gross island product today has grown to an estimated $533 
million per year. With this growth has come increased economic 
self-reliance, so that since 1992 the NMI no longer receives 
any special Federal support for the operations of government, 
and as indicated above, the annual special grant to the islands 
is now scheduled to end. And the population has grown--from 
approximately 15,000 to an official total of 59,913 in a 1995 
census.
    While the relationship between NMI and the United States is 
unique because it arises from an act of popular volition, 
ironically the Covenant made no immediate provision for a basic 
right of citizens in a democracy: participation in the national 
government.
    Precedent supports representation for the people of NMI in 
Congress. Since 1790, when Congress first provided for a 
nonvoting delegate to represent ``the territory south of the 
River Ohio,'' over 30 non-State areas of the Nation have been 
so represented. Today, the people of American Samoa, the 
District of Columbia, Guam, Puerto Rico, and the U.S. Virgin 
Islands all have representation in Congress. The NMI is the 
only part of the United States with a permanent population 
which does not have representation.
    Populations of the different territories have varied from 
as few as 5,000 to 259,000 when they were first represented by 
nonvoting delegate. The small population of NMI was cited by 
the Marianas Political Status Commission, which negotiated the 
Covenant for the islands, as the reason NMI was unable to 
obtain a nonvoting delegate in the Covenant despite the backing 
of the executive branch of the Federal Government. NMI 
population of 15,000 (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 granted 
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 27,512 and a total population of 59,913, NMI is 
clearly within the threshold of population established by 
precedents both historical and contemporary.
    But even ten years ago--before a recent surge in 
population--the need for representation was recognized. The 
Commission on Federal Laws, appointed by President Ronald 
Reagan in accordance with Section 504 of the Covenant, 
recommended to Congress in 1986 that the Northern Marianas 
Resident Representative, authorized under Section 901 of the 
Covenant, be made a nonvoting delegate in the House of 
Representatives. No right is more precious in a free country 
than that of having a voice in the election of those who make 
the laws under which, as good citizens, we must live, the 
Commission noted, quoting Wesberry v. Sanders, 376 U.S. 1, 17 
(1964). The Commission included the then senior and foremost 
House expert on insular affairs, Congressman Robert 
Lagomarsino. His predecessor on the Commission, Congressman 
Phillip Burton, was another advocate of the U.S.-Marianas 
relationship and supported eventual representation for the 
islands.
    In justifying its recommendation, the Commission also 
excerpted at length sections of House Report 95-1458, which in 
1978 had accompanied approval by the predecessor of this 
Committee for H.R. 13702, the bill providing a nonvoting 
delegate for American Samoa. The reasoning of that report 
remains sound and applies as much to NMI as it did--and does--
to American Samoa:

          Under provisions of H.R. 13702, a nonvoting delegate 
        from American Samoa can more effectively represent and 
        interpret the needs, welfare and interest of the 
        territory. Furthermore, the nonvoting delegate will 
        carry the responsibility of maintaining the contacts 
        and liaison with the various committees of the Congress 
        and the officials of the executive branch of the 
        Federal Government. Additionally, the nonvoting 
        delegate will relieve other Members of Congress of the 
        necessity of dealing with individual problems and 
        related subject areas that directly affect the 
        interests of the Territory of American Samoa.

    Nor is participation of the people of NMI in their national 
government an abstract goal towards which they must be 
encouraged. They have expressed through local constitutional 
processes and their elected officials that they recognize the 
need and benefits to joining their fellow Americans in the 
workings of Congress.
    In 1985, Constitutional Amendment No. 24 of the NMI 
Constitution was adopted regarding ``Representation to the 
United States'' in support and anticipation of the Congress 
conferring a non-voting delegate for NMI (see Appendix #1). 
Each of the last three Northern Marianas Legislatures have by 
joint resolution petitioned Congress for a nonvoting delegate, 
including the most recent House Joint Resolution No. 10-1 of 
January 18, 1996 (See Appendix #2). Finally, the three 
municipal governments of Rota, Tinian and Saipan have all 
enacted resolutions asking Congress to provide a delegate (see 
Appendices #3 through #5). These actions all demonstrate the 
overwhelming support in NMI for representation in Congress.
    The NMI experienced serious growing pains during the 
development of local governments and the tremendous rate of 
economic development over the past two decades. The major 
concern involved an increasing alien labor working in 
substandard conditions below the federal minimum wage. While 
the Administration recently reported some improvements, serious 
problems remain. Authorizing an NMI delegate through H.R. 4067 
does not lessen the commitment of compliance with federal labor 
standards and sound immigration practices. A number of 
concerned Senators visited the NMI earlier this year, and in 
spite of observing certain ongoing problems, they returned 
advocating a delegate now.
    An NMI delegate will be an important source of views for 
Members, as Congress continues to examine legislative options 
in the future. An elected delegate in Congress can be much more 
effective in communicating the needs of the NMI and 
recommending appropriate future action by the Congress. 
Furthermore, an NMI delegate is now particularly warranted 
given this Congress' termination of the Office of Territorial 
and International Affairs and the end of the Assistant 
Secretary political position for that office.
    The Committee estimates that implementation of H.R. 4067 
will cost less than $1 million per year. This cost is a 
relatively small amount to extend to the U.S. citizens of NMI 
that which is fundamental to Americans in our democracy: the 
right to have a voice in their own government.

                            Committee Action

    H.R. 4067 was introduced on September 12, 1996, by 
Congressman Elton Gallegly (R-CA). The bill was referred to the 
Committee on Resources. On September 18, 1996, the Full 
Resources Committee met to consider H.R. 4067. An amendment 
which precludes the election of an NMI delegate before the 
general election of 1998 was offered by Delegate Eni F.H. 
Faleomavaega (D-AS), and adopted by unanimous consent. The 
bill, as amended, wasthen ordered favorably reported to the 
House of Representatives, in the presence of a quorum, by voice 
vote. Subsequent to final adoption of H.R. 4067 by the Full 
Committee, the following Members asked unanimous consent that 
their vote regarding H.R. 4067 be shown as no: Congressman Wes 
Cooley (R-OR), Congresswoman Helen Chenoweth (R-ID), 
Congressman Jack Metcalf (R-WA) and Congressman Joel Hefley (R-
CO).

                      Section-by-Section Analysis

                         Section 1. Short Title

    This Act may be cited as the ``Northern Mariana Islands 
Delegate Act.''

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

    The legislation amends Public Law 94-241, approving the 
Covenant which provides for the relationship between the 
federal government and NMI. A new Section 6 is added at the end 
of the statute to clarify the following: NMI shall be 
represented in the United States Congress by a nonvoting 
delegate to the United States House of Representatives; the 
delegate from the NMI shall receive the same compensation, 
privileges, and immunities granted to the delegate from Guam; 
the NMI delegate shall be elected pursuant to the laws of the 
NMI so long as such election law complies with the Federal 
election criteria for, and in sequence with the election of 
other delegates to the House of Representatives, but not prior 
to the November 1998 general election; in case of a permanent 
vacancy in the office of delegate, by reason of death, 
resignation, or permanent disability, the office of the 
delegate shall remain vacant until a successor is elected and 
qualified; and H.R. 4067 shall not be construed to alter, 
amend, or abrogate any provision, other than the section 901 
(relating to representation of the NMI in Washington), of the 
Covenant.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 4067 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        Cost of the Legislation

    Clause 7(a) 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 
H.R. 4067. However, clause 7(d) 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 403 of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
4067 does not contain any new budget authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 4067.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI 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 H.R. 
4067 from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington DC, September 25, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representative, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 4067, the Northern Mariana Islands Delegate Act, 
as ordered reported by the House Committee on Resources on 
September 18, 1996. CBO estimates that enacting H.R. 4067 would 
increase discretionary costs for Congressional salaries and 
expenses by about $5 million over the 1999-2002 period. In 
addition, enacting the bill would increase direct spending for 
Congressional pay by about $600,000 over the 1999-2002 period. 
That estimate assumes that the current annual salary of 
$133,600 would be adjusted for inflation in future years, as 
provided under current law.
    Beginning with the general federal election of 1998, H.R. 
4067 would allow the citizens of the Commonwealth of the 
Northern Mariana Islands (CNMI), a territory of the United 
States, to elect a nonvoting delegate to the House of 
Representatives. The delegate would receive the same 
compensation, allowances, and benefits as a Member. As a 
result, CBO estimates that discretionary costs for 
Congressional expenses would increase by about $1 million in 
fiscal year 1999, $1.2 million in fiscal year 2000, and $1.3 
million in each of fiscal years 2001 and 2002. That estimate is 
based on the allowance for office expenses and mail costs 
provided to the delegate from Guam, who received an allowance 
of about $900,000 for fiscal year 1996, and on an estimated 
cost for employee benefits of about $200,000. The costs would 
be lower in fiscal year 1999, because the first election would 
not occur until November 1998.
    H.R. 4067 contains no private-sector or intergovernmental 
mandates as defined in the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4) and would impose no costs on state, local, 
or tribal governments.
    While the bill does not require the CNMI to select a 
delegate, if it chooses to do so, the government of the CNMI 
would be required to hold biennial elections. Based on 
information provided by CNMI officials, we estimate that the 
cost of each election would be about $25,000. The CNMI would 
save substantially more than that amount, however, because it 
would no longer pay for a Resident Representative in 
Washington, once a delegate was elected and in place. The CNMI 
government currently contributes about $1 million per year to 
maintain this office, whereas all expenses of the delegate's 
office would be paid by the federal government.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are John R. 
Righter and Mary Maginniss (for federal costs), and Marjorie 
Miller, for state and local costs.
            Sincerely,
                                         June E. O'Neill, Director.

                    Compliance with Public Law 104-4

    H.R. 4067 contains no unfunded mandates.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                 SECTION 6 OF THE ACT OF MARCH 24, 1976

JOINT RESOLUTION To approve the ``Covenant To Establish a Commonwealth 
  of the Northern Mariana Islands in Political Union with the United 
              States of America'', and for other purposes.

SEC. 6. DELEGATE TO THE HOUSE OF REPRESENTATIVES.

    (a) In General.--The Northern Mariana Islands shall be 
represented in the United States Congress by a nonvoting 
Delegate to the House of Representatives. The Resident 
Representative of the Northern Mariana Islands, as authorized 
by section 901 of the foregoing Covenant and upon election 
pursuant to subsection (c) of this section, after the date of 
the enactment of this section, shall be the Delegate.
    (b) Compensation, Privileges, and Immunities.--Until the 
Rules of the House of Representatives are amended to provide 
otherwise, the Delegate from 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 hereafter may be, 
granted to the Delegate from Guam to the House of 
Representatives.
    (c) Election of Delegate.--The Delegate from the Northern 
Mariana Islands shall be elected, but not appointed, and not 
before the general Federal election of 1998, as authorized by 
section 901 of the foregoing Covenant and the Constitution and 
laws of the Northern Mariana Islands so long as such 
authorization complies with the Federal election criteria for, 
and provides for elections in sequence with, the election of 
other Delegates of House of Representatives.
    (d) Vacancy.--In case of a permanent vacancy in the office 
of Delegate, by reason of death, resignation, or permanent 
disability, the office of Delegate shall remain vacant until a 
successor is elected and qualified.
    (e) Lack of Effect on Covenant.--This section shall not be 
construed to alter, amend, or abrogate any provision, other 
than section 901 of the foregoing Covenant.
                            DISSENTING VIEWS

    This legislation would authorize the election to the U.S. 
Congress of a delegate representing the Commonwealth of the 
Northern Mariana Islands (CNMI). The Delegate would have all 
the rights and privileges as that currently held by the 
Delegate from Guam. Under the Republican leadership of the 
House, Delegates from the U.S. Territories and the Resident 
Commissioner from Puerto Rico lost the right to vote on the 
House Floor but did retain the right to vote in committee. 
Currently, the interests of the CNMI are represented by an 
elected Washington representative from the CNMI. This office 
comments, and is consulted with, on issues affecting the 
islands which are before Congress, but the officeholder has no 
official status in Congress.
    Serving in the Congress of the United States is a privilege 
and an honor. We need to make sure that those who seek 
membership in the House of Representatives conform to the 
criteria expected of all those who are a part of this 
institution, including adherence to the principles of the 
Constitution, the letter of the law, and the fundamental 
beliefs on which the nation is founded. Citizens and non-
residents alike living in any congressional district have the 
right as citizens and non-residents elsewhere to be treated 
equally and fairly before the law.
    The Resources Committee has not held one hearing, Member 
meeting, or conducted a single study recommending that we 
provide for a Member of Congress from the CNMI. This bill was 
never even referred to the subcommittee of jurisdiction. In 
fact, the exact same language which appears in HR 4067 was 
first introduced as HR 3879 on July 23, 1996. That bill also 
never received a pubic hearing. it was introduced and 
immediately put on the schedule for full committee mark up the 
following week, where it was rejected by a recorded vote. The 
sponsor of the bill reintroduced the exact same language as HR 
4067 which was immediately put on the schedule for the next 
full committee meeting where no recorded vote was requested. HR 
4067 was reported on the basis of a voice vote.
    Prior to this point, the Resources Committee has enjoyed a 
long history of working on issues affecting the CNMI on a 
bipartisan basis. An issue as important as expanding the size 
of the Congress deserves public hearings and an opportunity for 
the Members to receive testimony from all those who would be 
affected by this change.
    A public review is needed because conditions in the CNMI 
are not known to many Member of the House or to many Americans. 
Indeed, severe problems have long existed in the CNMI which 
raise reasonable doubts about whether the government of the 
CNMI respects Federal law and those who are sent to enforce it. 
Not long ago Federal representatives were not welcomed by the 
CNMI government and workers were ordered not to cooperate with 
Federal officials investigating how Federal funds were being 
used and numerous labor abuse reports.
    The CNMI controls its own immigration and is not under US 
immigration laws. The government continues to allow importation 
of massive numbers of ``guest workers'' as laborers to work in 
the construction, security, and garment industries. Thousands 
more alien workers live on the islands than CNMI residents 
putting a tremendous strain on the infrastructure of the 
islands including roads, sewers, hospitals, and schools.
    Direct links have been made by the FBI and U.S. Department 
of Justice between the almost unrestricted boarder access and 
the increase of organized crime in the CNMI and the importation 
of drugs to the United States with CNMI as the first port of 
entry. This is especially true for crystal methamphetamine, 
known as ``ICE'' coming in from Japan.
    So prevalent has been the abuse of the guest workers--
typically young girls from the Philippines, China and other 
Pacific nations--that earlier this year, the Philippine 
government took the drastic step of prohibiting Philippine 
nationals from coming to the United States to work in the CNMI. 
Reports of labor abuses continue including beatings, non 
payment of wages, forced over work, and demands of kick back 
payments to employers. The CNMI government has repeatedly 
failed to take appropriate action to prosecute the abusers.
    Reports also continue of young girls being recruited to 
work as ``waitresses'' only to be forced into prostitution once 
they arrive in the CNMI. Families of the recruited employees 
frequently are provided money in the form of loans that the 
employees are compelled to work off. If the girls complain and 
ask to receive the waitress job promised, they are sent home, 
leaving their family no way to repay the loan.
    These labor abuses are not isolated instances, and they are 
not challenged by the CNMI government. Indeed, despite years of 
complaints and investigations--including reviews by this 
Committee in the recent past--there has been no sustained or 
credible effort by the CNMI government to restrict immigration 
or to punish seriously labor abusers.
    The CNMI government has given little but lip service to the 
notion of raising minimum wage. Currently, the minimum wage in 
the CNMI is $2.75 per hour. CNMI's neighbor Guam pays the US 
minimum wage and has done so for decades even though they are 
in direct competition with the CNMI in several industries.
    The most recent actions taken by the CNMI shows the lack of 
commitment to raising the minimum wage to the U.S. standard. 
The previous legislature, under pressure from the Congress, 
passed a law to raise minimum wage 30 cents per year until it 
reached that of the mainland U.S. In December of 1995, however, 
the legislature voted a 6 month delay in the wage increase 
which was to take place in January, 1996. The legislature also 
put together a locally controlled wage review board to be 
chaired by the owner of several garment factories which 
imported several thousand alien workers. The Governor vetoed 
this proposal but then acted to put off the 30 cent raise until 
July of 1996. The legislature, in May of 1996, then voted to 
roll the 30 cent increase back to only 15 cents for workers in 
the largest and most troubled industries, garment manufacturing 
and construction.
    Opposing legislation to allow for a delegate from the CNMI 
is not an easy decision, and one I very much wish I did not 
have to make. The American citizens living in the CNMI deserve 
to have as much representation in its Federal government as 
possible. It is certainly not unheard of, however, for the 
Federal government to stipulate that changes be made prior to 
the allowance of Congressional representation. This nation has 
a long history of requiring those who wish representation to 
change behavior such as polygamy or slavery, behaviors which 
are contrary to the beliefs and ethics of this nation as a 
whole.
    I recognize that some assert that we will have a better 
opportunity to pressure CNMI into accepting the legal changes 
we seek if it is represented in the Congress. I find this 
argument uncompelling. Rather, I believe that only by sending a 
clear message of disapproval, by denying membership in the 
House of Representatives until sustained and substantive 
reforms are implemented, will this House demonstrate that 
change within the CNMI is required to meet the standard for 
equal participation in the Congress commensurate with that of 
other delegates.

                                                     George Miller.
                               APPENDIX I

                              ----------                              


 Amendment No. 24 to the Constitution of the Northern Mariana Islands 
                           (With Attachments)

                           adopted amendments

Proposed Constitutional Amendment Number and Title
1--To amend Section 9 of Article I relating to Clean and 
        Healthful Environment
2--To add a new section to Article I relating to victims of 
        crime.
3--To add a new section to Article I making abortion illegal in 
        the Northern Mariana Islands.
4--To amend Sections 2 and 3 of Article II by adding a new 
        subsection (d) to each section relating to Composition 
        of the Senate and Composition of the House of 
        Representatives.
5--To add a new Section 5(d) to Article II to prohibit 
        legislation which increases the class of non-aliens 
        beyond those persons defined in Section 506(c) of the 
        Covenant.
6--To amend subsections (a) and (c) of Section 7 of Article III 
        and to add a new subsection (d) to Section 7 of Article 
        II, relative to action on legislation by the Governor, 
        and to prohibit certain types of bills during the 
        period of a lame-duck legislature.
7--To amend Section 11 of Article II relating to Other 
        Government Employment of members of the legislature; 
        and to amend Section 14(a) of Article II regarding the 
        vote required to expel a member of the Legislature.
8--To amend Section 13 of Article II relating to legislative 
        sessions.
9--To add a new section to Article II, to establish a ceiling 
        of $2,800,000 on the budget of the legislature.
10--To amend Article II by adding a new section establishing a 
        legislative bureau.
11--To amend Section 2 of Article III relating to 
        Qualifications of the Governor.
12--To amend Section 4 of Article III to limit a governor to 
        two terms in office.
13--To amend Section 7 of Article III relating to succession to 
        the Governorship and Lieutenant Governorship.
14--To amend Section 9(a) and (b) of Article III to mandate a 
        balanced budget for the Commonwealth of the Northern 
        Mariana Islands Government in every fiscal year.
15--To amend section 10 of Article III relating to the 
        Governor's emergency powers.
16--To amend Section II of Article III of the Northern Marianas 
        Constitution relating to the Attorney General.
17--To amend Section 12 of Article III to provide for 
        appointment of a temporary public auditor by the 
        governor in the event of a vacancy in the office of 
        public auditor, and to guarantee the minimum budget of 
        the public auditor.
18--To add a new subsection to Section 18 of Article III to 
        require that the salary of the Executive Assistant for 
        Carolinian Affairs not be less than that of an 
        executive department head.
19--To add a new section to Article III relating to Retirement 
        System.
20--To add a new section to Article III to guarantee the 
        independence of boards and commissions and require 
        appointments to vacant seats within 90 days.
21--To add a new section to Article III to establish an Office 
        of Special Assistant for Women's Affairs.
22--To add a new section to Article III relative to Indigenous 
        Affairs.
23--To amend Sections 2, 3, and 4 of Article IV relating to the 
        Judicial Branch.
24--To amend Article V relative to representation in the United 
        States.
25--To amend Article VI and Sections 17(a) and (b) of Article 
        III relating to Local Government and decentralized 
        delivery of public services.
26--To amend Section of Article VIII of the Northern Marianas 
        Constitution to change the day of the regular general 
        election to Saturday.
27--To add a new Section 5 to Article VIII relating to 
        resignation from public office.
28--To amend Section 1 of Article X relating to Public Purpose.
29--To add a new section to Article X prohibiting the 
        imposition of certain taxes on real property unless 
        approved by three-fourths of the votes cast in a 
        referendum.
30--To add two new sections to Article X relating to the 
        liquidation of deficits, and requiring employment 
        ceilings in appropriation acts.
31--To add two new sections to Article X relating to a Uniform 
        Fiscal Management Policy and taxpayer's rights of 
        action.
32--To amend Sections 4 and 5 of Article XI relating to the 
        Marianas Public Land Corporation.
33--To amend Section 6(a) of Article XI to provide for an 
        increase in the number of trustees of the Marianas 
        Public Land Trust from three to five; and, to amend 
        Section 6(f) of Article XI to provide for annual 
        reporting.
34--To amend Section 2 of Article XII relating acquisition of 
        land.
35--To amend Section 3 of Article XII to allow the sale and 
        long-term lease of building above the first floor.
36--To amend Section 5 and 6 of Article XII of the Northern 
        Marianas Constitution relating to the qualification of 
        corporations as persons of Northern Marianas descent.
37--To amend Section 2 of Article XIV to include two other 
        uninhabited islands to be protected and preserved.
38--To repeal Section 13 of Article III, and to amend Article 
        XV relative to education.
39--To amend Section 2(a) of Article XVIII to require that 
        voters be asked within ten years whether there should 
        be another constitutional convention; and, to amend 
        Section 5(a) of Article XVIII to allow proposed 
        amendments to be ratified in a special election.
40--To add a new Article relating to Code of Ethics; to amend 
        Section 15 of Article II relating to Conduct of 
        Members; and to amend Section 6 of Article III relating 
        to other government employment.
41--To repeal Section 16 of Article III; and to add a new 
        Article relating to Civil Service.
42--To add a new Article relating to gambling.
43--To add a new Article relating to the official seal, flag 
        and languages of the Northern Marianas.
44--To amend Section 8 of the Schedule on Transitional Matters 
        relating to Interim Definition of Citizenship.
                                ------                                


  A Proposed Constitutional Amendment To amend Article V relative to 
                  representation in the United States

    The Second Constitutional Convention adopts and proposes 
for ratification the following amendment:
    I. Article V is amended to read:

            ``ARTICLE V: REPRESENTATION TO THE UNITED STATES

    ``Section 1: Resident Representative to the United States. 
A resident representative to the United States shall be elected 
to represent the Commonwealth in the United States and perform 
those related duties provided by law. The governor shall 
provide a certification of selection promptly to the United 
States Department of State and to the resident representative.
    ``Section 2: Term of Office. The term of office of the 
resident representative shall be two years, except that on the 
second Monday of January 1990, the term of office of the 
resident representative shall be increased to four years. In 
the event that the United States confers the status of member 
or non-voting delegate in the United States Congress on the 
resident representative and such status requires a different 
term, the term of office of the resident representative shall 
be that required by such status.
    ``Section 3: Qualifications. The resident representative 
shall be qualified to vote in the Commonwealth, a citizen of 
the United States, at least twenty-five years of age, and a 
resident and domiciliary of the Commonwealth for at least seven 
years, immediately preceding the date on which the resident 
representative takes office. A different period of residence 
and domicile may be provided by law. No person convicted of a 
felony in the Commonwealth or in any area under jurisdiction of 
the United States may be eligible for this office unless a full 
pardon has been granted.
    ``Section 4: Annual Report. The resident representative 
shall submit a written report by the first day of March of each 
year, except that an outgoing resident representative shall 
submit a final written report by the second Monday of January 
of the year he or she leaves office, to the governor and 
legislature on the resident representative's official 
activities during the preceding year and matters requiring the 
attention of the government or people of the Commonwealth.
    ``Section 5. Compensation. The resident representative 
shall receive an annual salary and reasonable allowance for 
expenses provided by law. The salary may not be changed during 
a term of office. The staff of the office of the resident 
representative shall be exempted from the civil service.
    ``Section 6: Vacancy. In the event of a vacancy in the 
office of resident representative to the United States, the 
governor shall appoint a successor with the advice and consent 
of the legislature unless the United States confers the status 
of member or non-voting delegate in the United States Congress 
on the resident representative and such status requires a 
different method of filling vacancies, in which case vacancies 
shall be filled in the manner required by such status.
    ``Section 7: Impeachment. The resident representative is 
subject to impeachment as provided in article II, section 8, of 
this Constitution for treason, commission of a felony, 
corruption or neglect of duty.''
                              APPENDIX II

                              ----------                              


    Tenth Northern Marianas Commonwealth Legislature, First Regular 
                             Session, 1996

  A House Joint Resolution To request that the United States Congress 
   establish a non-voting Delegate from the Northern Mariana Islands 
               within the U.S. House of Representatives.

    Taking Note that the Covenant negotiating history makes it 
clear that Section 901 does not preclude the Government of the 
Northern Marianas from requesting that a Delegate from the 
Northern Mariana islands be established in the Congress of 
United States;
    Finding that the current status of Commonwealth-federal 
relations, which has been marred by miscommunication, 
misinterpretation, and misinformation is further exacerbated by 
the lack of a constant and vigilant Commonwealth voice and 
presence in the House of Representatives and its various 
committees and subcommittees;
    Finding that the Northern Marianas Commonwealth Legislative 
has overwhelmingly approved two resolutions, namely House Joint 
Resolution 8-5 and Senate Joint Resolution 9-6, urging the 
Congress of the United States to establish a Delegate from the 
Northern Marianas within the U.S. House of Representatives;
    Observing that Article V, Section 2, of the Commonwealth 
Constitution as amended by Constitutional Amendment 24, 
provides that the United States may confer the status of 
nonvoting member delegate in the United States Congress on the 
Resident Representatives;
    Recognizing with gratitude that on August 10, 1994, Guam 
Delegate Robert Underwood introduced H.R. 4927 in the 103rd 
Congress, to provide a nonvoting delegate to the House of 
Representatives to represent the Commonwealth of the Northern 
Mariana Islands;
    Believing fervently that the pursuit of the delegate seat 
is imperative in attaining full status as a member of the 
American political family in which thus far the Northern 
Mariana Islands remains the only U.S. insular area not to be 
represented in the United States Congress;
    Holding to be true that non-voting delegate status for the 
Resident Representative would neither diminish the full force 
and effect to the Covenant to Establish a Commonwealth of the 
Northern Mariana Islands in Political Union with the United 
States of America nor in any sense abrogate, qualify, or 
release rightful claims to local self-government contained in 
Article I, Section 103 of the Covenant; it is
    Resolved by the House of Representatives of the Tenth 
Northern Marianas Commonwealth Legislature, the Senate 
concurring, that the 104th Congress of the United States of 
America is hereby requested to:
          (1) Confer the status of nonvoting delegate in the 
        United States Congress on the Resident Representative;
          (2) Provide that the Delegate from the Northern 
        Mariana Islands receive the same compensation, 
        allowance, benefits and be entitled to those same 
        privileges and immunities as a Member of the United 
        States House of Representatives;
          (3) Work closely with the present Resident 
        Representative in the drafting of federal legislation 
        necessary to realize the Delegate from the Northern 
        Mariana Islands; and
    Resolving Further that the Speaker of the House and the 
President of the Senate shall certify and the House Clerk and 
the Senate Legislative Secretary shall attest to the adoption 
of this Resolution and thereafter transmit certified copies to: 
the Honorable William Jefferson Clinton, President of the 
United States; the Honorable Newt Gingrich, Speaker of the U.S. 
House of Representatives; the Honorable Richard Armey, Majority 
Leader of the U.S. House of Representatives; the Honorable 
Richard Gephardt, Minority Leader of the U.S. House of 
Representatives; the Honorable Don Young, U.S. House of 
Representatives; the Honorable Elton Gallegly, U.S. House of 
Representatives; the Honorable George Miller, U.S. House of 
Representatives; the Honorable Eni F.J. Faleomavaega, U.S. 
House of Representatives; the Honorable Robert Underwood, U.S. 
House of Representatives; the Honorable Eleanor Holmes Norton, 
U.S. House of Representatives; the Honorable Carlos Romero-
Barcelo, U.S. House of Representatives; the Honorable Victor 
Frazer, U.S. House of Representatives; the Honorable Al Gore, 
Vice President of the United States and President of the U.S. 
Senate; the Honorable Robert Dole, Majority Leader of the U.S. 
Senate; the Honorable Tom Daschle, Minority Leader of the U.S. 
Senate; the Honorable Frank Murkowski, U.S. Senate; the 
Honorable J. Bennett Johnston, U.S. Senate; the Honorable 
Daniel Inouye, U.S. Senate; the Honorable Daniel Akaka, U.S. 
Senate; and the Honorable Bruce Babbitt, Secretary of the U.S. 
Department of Interior.
                              APPENDIX III

                          Municipality of ROTA

Resolution endorsing the movement to have the United States of America 
  give our Washington Representative a nonvoting status in the United 
                            States Congress

    Whereas, Section 901 of the Covenant provides the 
Commonwealth of the Northern Marianas Island for the 
Appointment or election of Resident Representative to the 
United States; and
    Whereas, the CNMI Constitution provides for the election of 
such representative, is entitled to receive official 
recognition by the United States department and agencies; 
pursuant to Section 901 of the Covenant; and
    Whereas, such recognition, in and of itself, has proven to 
leave much to be desired in the way of providing effective 
representative to the CNMI; and
    Whereas, a status of a non-voting delegate status such as 
Guam delegates would assure us the substantial input and 
knowledge with respect to matters directly affecting the CNMI; 
and
    Whereas, the Commonwealth has developed to the point where 
it needs a voice and preserve in the United States House of 
Representatives and its various subcommittees; and
    Be it resolved, that the fifth Rota Municipal Council 
respectfully urge the United States Congress and the people of 
the Commonwealth to endorse and approve non voting status on 
the Resident Representative to the United States; and
    Be it further resolved, that the Chairwoman shall certify 
and all of the members shall attest to the adoption of the 
resolution and thereafter transmit certified copies to; the 
President of the United States of America; the Governor of the 
Commonwealth of the Northern Marianas; the Speaker of the House 
of Representatives;
    The Vice President of the United States of America and 
President of the Senate; the Secretary of the United States 
Department of the Interior; the members of the United States 
Congress; the Assistant Secretary to the Office of Territorial 
and International Affairs, U.S. Department of the Interior
    The CNMI-Washington Representative, the Senate President, 
the House Speaker, the Mayors of Tinian, Rota, Saipan and 
Northern Islands, the Chairmen of the Tinian, Rota, Saipan and 
Northern Island Legislative Delegation, the and the Chairmen of 
the Municipal Councils on Tinian and Saipan.
                              APPENDIX IV

                              ----------                              


  Commonweath of the Northern Mariana Islands, Fifth Tinian Municipal 
                                Council

 Resolution endorsing the movement to have the United States Congress 
 confer non-voting status on the Resident Representative to the United 
                                 States

    Whereas, Section 901 of the Covenant provides the 
Commonwealth of the Northern Mariana Islands for the 
appointment or election of a resident representative to the 
United States; and
    Whereas, the Commonwealth Constitution provides for the 
election of such representative, and is entitled to receive 
official recognition by the United States Governmental 
department and agencies; pursuant to Section 901 of the 
Covenant; and
    Whereas, such recognition, in itself, has proven to leave 
much to be desired in the way of providing effective 
representation to the Commonwealth; and
    Whereas, that a non-voting delegate status, such as Guam 
delegates would assure the Commonwealth of substantial input 
and knowledge with respect to matters directly affecting the 
Commonwealth; and
    Whereas, the Commonwealth has grown to the point where it 
needs a constant and informative voice and presence in the 
United States House of Representatives and its various 
subcommittees; and
    Whereas, the Resident Representative for the Northern 
Mariana Islands receive the same Compensation, allowance and 
benefits as a member of the United States House of 
Representative and be entitled to at least those same 
privileges and immunities granted to the non-voting Delegates 
from the Territory of Guam; and
    Be it resolved, that the Fifth Tinian Municipal Council 
respectfully urge the United States Congress and the people of 
the Commonwealth to endorse and approve nonvoting status on the 
Resident Representative to the United States; and
    Be it further resolved, that the Chairman shall certify and 
all of the members shall attest to the adoption of this 
resolution and thereafter transmit certified copies to; the 
President of the United States of America; the Governor of the 
Commonwealth of the Northern Marianas; the Speaker of the House 
of Representatives;
    The Vice President of the United States of America and 
President of the Senate; the Secretary of the United States 
Department of the Interior; the members of the United States 
Congress; the Assistant Secretary to the Office of Territorial 
and International Affairs, U.S. Department of the Interior.
    The CNMI-Washington Representative, the Senate President, 
the House Speaker, the Mayors of Tinian, Rota, Saipan and 
Northern Islands, the Chairmen of the Tinian, Rota, Saipan and 
Northern Island Legislative Delegation, and the Chairman of the 
Municipal Councils on Rota and Saipan.
                               APPENDIX V

                              ----------                              


             Saipan and Northern Islands Municipal Council

  Third regular session, a municipal council resolution endorsing the 
   movement to have the United States of America give our Washington 
Representative to the United States a status of non-voting delegate in 
                       the United States Congress

    Whereas, Section 901 of the Covenant to Establish a 
Commonwealth of the Northern Mariana Islands In Political Union 
with the United States of America (Covenant) allowed the 
constitution of the CNMI to provide for the appointment or 
election of a resident representative to the United States; and
    Whereas, the CNMI Constitution provides for the election of 
such representative, and at the present time, is entitled to 
receive official recognition by the United States departments 
and agencies; pursuant to Section 901 of the Covenant; and
    Whereas, such recognition, in and of itself, has proven to 
leave much to be desired in the way of providing effective 
representation to the CNMI; and
    Whereas, a status of non voting delegate, such as Guam or 
Virgin Islands delegates would assure us of substantial input 
and knowledge with respect to matters affecting the CNMI; and
    Whereas, at the recent Congressional hearings in 
Washington, Chairman of the Committee on Insular and 
International Affairs, the Honorable Ron Delugo, stated the 
numerous benefits and recognition that come from having a 
status of non-voting delegate top the United States Congress; 
and
    Whereas, such a status would also prove to be most 
economical for the CNMI in that the US Congress would be 
responsible for most of the expenses of our representative; 
NOW, therefore,
    Be It Resolved, that the Second Saipan and Northern Islands 
Municipal Council respectfully urge the United States Congress 
and the people of the CNMI to endorse and approve a status of 
non voting delegate to the CNMI Representative to Washington; 
and
    Be It Further Resolved, that the Chairman shall certify and 
the Secretary shall attest to the adoption of this resolution 
and thereafter transmit certified copies to the President of 
the United States of America, the Speaker of the House of 
Representatives, United States Congress, the Senate Majority 
and Minority Leaders of the United States Congress, the 
Chairman of the Insular and International Affairs Committee, 
United States Congress, the CNMI-Washington Representative, the 
Governor of the Commonwealth of the Northern Mariana Islands, 
the Senate President, the House 
Speaker, the Mayors of Saipan, Rota, Tinian and Northern 
Islands, the Chairman of the Saipan Legislative Delegation, the 
President of the Saipan Chamber of Commerce, the Chairmen of 
the Rota and Tinian Legislative Delegations and the Chairmen 
Municipal Councils on Rota and Tinian.