[House Report 108-761]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-761

======================================================================



 
                 NORTHERN MARIANA ISLANDS DELEGATE ACT

                                _______
                                

October 7, 2004.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 5135]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(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, having considered the 
same, report favorably thereon without amendment and recommend 
that the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 5135 is to provide for a nonvoting 
delegate to the House of Representatives to represent the 
Commonwealth of the Northern Mariana Islands, and for other 
purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

History of Non-Voting Delegates to Congress

    Territorial delegates have existed in Congress and 
specifically to the U.S. House of Representatives since 1787, 
with the establishment of a government under the Northwest 
Ordinance for the territory northwest of the Ohio River.
    In 1898, the U.S. acquired overseas territories (Puerto 
Rico, the Phillippines, and Guam) at the end of the Spanish-
American War. Their status within the American family became a 
subject of debate for Congress. Nevertheless, a law was enacted 
which provided a new form of territorial representation for 
Puerto Rico and the Phillippines--legally recognized as 
unincorporated territories having only the ``fundamental'' part 
of the Constitution applied. This representation did not grant 
the privileges that are held by today's delegates.
    At this time, there are four non-voting delegates to the 
U.S. House: ones for the District of Columbia, American Samoa, 
Guam, and the U.S. Virgin Islands. These positions, which were 
created in the 1970s, all have most of the same parliamentary 
rights as any Member of the House, including the introduction 
and cosponsorship of bills and the right to offer amendments on 
measures being debated; they may also vote in committees. 
However, they do not have a right to vote on the floor of the 
House.

History of the Commonwealth of the Northern Mariana Islands

    The Commonwealth of the Northern Mariana Islands (CNMI) is 
a United States territory composed of 14 major islands totaling 
approximately 183.5 square miles. The southernmost of the 
Mariana Island chain, but a separate political jurisdiction, is 
the territory of Guam. The U.S. began its presence in the 
western Pacific at the end of the Spanish-American War, whereby 
the U.S. acquired Guam through the 1898 Treaty of Paris. At the 
time, the remaining islands of the Mariana archipelago were 
sold by Spain to Germany.
    After losing control of Guam to the Japanese Empire in 
1941, U.S. forces returned to the Marianas region of the 
Pacific in 1944 and recaptured Guam. In doing so, U.S. forces 
also secured the Northern Mariana Islands (NMI). It was from 
these islands during this time that B-29s were launched from 
the island of Tinian to deliver the atomic bombs that forced 
Japan's surrender.
    After World War II, the NMI were governed by the U.S. 
military until replaced by civilian appointees under the 
authority of the Department of the Interior in 1962. U.S. 
administrationformally began in the CNMI in 1947 as the islands 
were part of the United Nations Strategic Trust Territory of the 
Pacific Islands. Our role in overseeing these islands was to assist 
them in advancing politically as well as assisting them in 
socioeconomic matters.
    To that end, the people of the 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. In general, as part 
of their political evolution, the NMI began a push for greater 
self-governing powers. Their framework for asserting these 
powers was encapsulated in a ``Covenant'' they submitted to 
Congress in 1975.
    Congress then acted on their behalf by moving to pass the 
Covenant to Establish a Commonwealth of the Northern Mariana 
Islands in Political Union with the United States of America 
(``Covenant'') which was then signed into law in 1976 by 
President Gerald Ford as Public Law 94-241. Finally, President 
Ronald Reagan's Presidential Proclamation on November 3, 1986, 
established a Covenant between the U.S. government and the NMI 
which provided Commonwealth status. Further, the United Nations 
acknowledged the termination of the Trust Territory of the 
Pacific Islands with respect to the NMI by Security Council 
Resolution No. 638 on December 22, 1990.
    The practical implications of the enactment of the Covenant 
included the fact that from the date mentioned above, the 
residents of the NMI became U.S. citizens and everyone born in 
these islands since that date are also U.S. citizens by birth. 
The Covenant also provided for local control over immigration 
and minimum wage laws. These special measures were included to 
assist the NMI with their economic transition, though Congress 
retains the discretion to modify the law in these areas.
    Past Congressional actions on legislation similar to H.R. 
5135 have highlighted the concerns of some Members over the 
labor and immigration practices of the CNMI. The resident or 
guest worker population is one that has sparked some 
controversy during past consideration of similar legislation, 
and is the main area of focus for Congress when discussing the 
labor and immigration laws in the CNMI. The garment industry 
has been a very important component of CNMI development and its 
relationship with the United States, but some of its factories 
have closed in recent years and revenues have declined. And in 
2005, with the expiration of World Trade Organization quotas, 
this industry could see a sharp decline as the competitive 
advantage the CNMI currently holds will lessen.
    Congressional influence, Administrative actions and local 
changes have resulted in reduced allegations of worker 
exploitation and human rights violations. The Committee 
supports the actions taken by Governor Juan Babauta, including 
labor law enforcement and improved coordination with the 
federal agencies that oversee the local immigration and labor 
practices. H.R. 5135 will provide for a better means for the 
CNMI to keep Congress abreast of its progress and request 
further assistance in areas of need to address their unique 
economic base.

Need for H.R. 5135

    The CNMI is the last and only territory with a permanent 
U.S. population that has no permanent voice in Congress. There 
are no territories, possessions, or former trust territories 
which would meet the historical criteria for a delegate. The 
former Micronesia Trust Territories are now associated 
republics. They have ambassadors, not delegates, and are 
members of the United Nations.
    Populations of the different territories have varied from 
as few as 5,000 to 259,000 when they were first represented by 
a nonvoting delegate. The small population of the NMI was cited 
by the Marianas Political Status Commission, which negotiated 
the Covenant for the islands, as the reason the NMI was unable 
to obtain a nonvoting delegate in the Covenant despite the 
backing of the Executive Branch of the federal government. The 
NMI population of 15,000 (recorded in the 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 provided 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 approximately 35,000 and a total population of 
69,221, according to the 2000 Census, the CNMI is clearly 
within the threshold of population established by precedents 
both historical and contemporary.
    H.R. 5135 would provide for a non-voting delegate for the 
CNMI, and create a federal office as was created for all of the 
other U.S. jurisdictions. This would replace the Resident 
Representative office that the CNMI currently has. The 
legislation would also provide for the manner in which this new 
delegate could be elected, along with the criteria that would 
qualify an individual for candidacy. These components are all 
similar to those criteria set forth in the CNMI Constitution. 
H.R. 5135 will also not abrogate the various existing laws 
established within the Covenant.

                            COMMITTEE ACTION

    H.R. 5135 was introduced on September 23, 2004, by Chairman 
Richard W. Pombo (R-CA). The bill was referred to the Committee 
on Resources. On September 29, 2004, the Full Resources 
Committee met to consider the bill. No amendments were offered 
and the bill was then ordered favorably reported to the House 
of Representatives by voice vote.
    The Full Committee held a hearing to Examine the Potential 
for a Delegate from the Commonwealth of the Northern Mariana 
Islands on February 25, 2004. At this hearing, the 
Administration testified in support of the concept of a 
nonvoting delegate for the CNMI. Similar legislation providing 
for a CNMI non-voting delegate has been introduced in every 
Congress beginning with the 103rd. The last example to be 
reported by the House Resources Committee was in the 104th 
Congress, H.R. 4067.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short Title

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

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

    This section states that section 901 of Public Law 94-241 
authorizes the Resident Representative position and that this 
person shall be a nonvoting Delegate to the U.S. House of 
Representatives.

Section 3. Election of Delegate

    This section sets forth the form of election and timing of 
the elections. It creates a plurality winner in the general 
election after a primary election wherein a majority vote 
decides the winner of that primary election.

Section 4. Qualifications for Office of Delegate

    This section delineates criteria for candidate eligibility, 
consistent with local CNMI law.

Section 5. Determination of Election Procedure

    This section clarifies which powers within the election 
framework remain within CNMI control, continuing matters of 
local application.

Section 6. Compensation, Privileges, and Immunities

    This section states that all of the current Rules of the 
House of Representatives pertaining to Members of Congress, 
including compensation, privileges, and immunities, shall apply 
to the nonvoting Delegate created in the legislation.

Section 7. Lack of Effect on Covenant

    This section clarifies that the powers enumerated in the 
Covenant remain.

Section 8. Definition

    This section defines ``Delegate'' as the Resident 
Representative mentioned in Section 2.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article IV, section 3 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B) 
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 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. According to the Congressional Budget Office, 
enactment of H.R. 5135 would increase direct spending by less 
than $200,000 a year.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 6, 2004.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5135, the Northern 
Mariana Islands Delegate Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Matthew 
Pickford (for federal costs), and Marjorie Miller (for the 
state and local impact).
            Sincerely,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 5135--Northern Mariana Islands Delegate Act

    H.R. 5135 would provide Congressional representation for 
the Commonwealth of the Northern Mariana Islands (CNMI) by 
creating a nonvoting delegate in the House of Representatives 
beginning in January 2006. As a nonvoting Member, the delegate 
would have some of the same powers of a full-fledged Member 
including the ability to introduce bills, offer amendments and 
vote in House committees, but would not be able to vote on the 
floor of the House. In addition, the delegate would receive the 
same compensation, allowances, and benefits as a Member. Under 
current law, the Northern Mariana Islands elects a Resident 
Representative who represents the CNMI government in the United 
States, but has no official status in the Congress.
    Enacting H.R. 5135 would increase direct spending for the 
payment of the salary of the new nonvoting delegate. CBO 
estimates that the increase in direct spending would be less 
than $200,000 per year.
    Based on the current administrative and expense allowances 
available for Members and other typical office costs, CBO 
estimates that the addition of a new nonvoting delegate would 
cost approximately $1.2 million annually beginning in fiscal 
year 2006, subject to the availability of appropriated funds.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    The bill does not require CNMI to select a delegate, but if 
it chooses to do so, it would require the government of CNMI to 
hold biennial elections in even years. (All CNMI elections now 
take place in odd years.) Based on information provided by CNMI 
officials, we estimate that the cost of each election would be 
about $25,000. CNMI would save substantially more than that, 
however, because it would no longer pay for a Resident 
Representative in Washington, once a delegate was elected and 
in place. All the expenses of the delegate's office would be 
paid by the federal government.
    The CBO staff contacts for this estimate are Matthew 
Pickford (for the federal costs) and Marjorie Miller (for the 
state and local impact). This estimate was approved by Peter H. 
Fontaine, Deputy Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes to existing 
law.

                                  
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