[House Report 108-761]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-761
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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.