[House Report 109-110]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-110
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NORTHERN MARIANA ISLANDS DELEGATE ACT
_______
June 8, 2005.--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. 873]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 873) 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. 873 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 in 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, including 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 , the
right to offer amendments on measures being debated, and voting
privileges in committees to which they are appointed. 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.
administration formally began in the NMI in 1947 as they 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 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 its political evolution, the northern Mariana Islands began
a push for greater self-governing powers. Its framework for
asserting these powers was encapsulated in a ``Covenant'' it
submitted to Congress in 1975.
Congress then acted by passing the Covenant to Establish a
Commonwealth of the Northern Mariana Islands in Political Union
with the United States of America which was then signed into
law in 1976 by President Gerald Ford as Public Law 94-241.
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 CNMI, by Security
Council Resolution Number 638 on December 22, 1990.
The practical implications of the enactment of the Covenant
was that from the 1976 the residents of the northern Mariana
Islands became U.S. citizens and everyone born on 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
CNMI with their economic transition, though Congress retains
the discretion to modify the law in these areas.
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 earlier this year, 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. 873 will provide for a better means for the CNMI to
keep Congress abreast of its progress and request further
assistance to address its unique economic base.
Need for H.R. 873
The CNMI is the last and only territory with a permanent
population that has no permanent voice in Congress. There are
no other territories, possessions, or former trust territories
which would meet the historical criteria for a delegate. The
former Micronesian TrustTerritories 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 CNMI was
cited by the Marianas Political Status Commission, which
negotiated the Covenant for the islands, as the reason the CNMI
was unable to obtain a nonvoting delegate in the Covenant
despite the backing of the Executive Branch of the federal
government. The CNMI 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 a CNMI 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. 873 would provide for a nonvoting delegate to the U.S.
House of Representatives beginning in the 110th Congress to
replace the Resident Representative it currently has. It would
also create a federal office for the CNMI as was created for
all of the other U.S. jurisdictions. 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. 873
will also not abrogate the various existing laws established
within the Covenant.
COMMITTEE ACTION
H.R. 873 was introduced on February 17, 2005, by Chairman
Richard W. Pombo (R-CA).\1\ The bill was referred to the
Committee on Resources. On May 18, 2005, 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.
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\1\ 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 108th
Congress, as H.R. 5135, which was also introduced by Chairman Richard
Pombo.
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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 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 this bill would result in increased direct
spending of $200,000 in 2007, with total direct spending of $2
million over the 2007-2015 time frame.
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:
H.R. 873--Northern Mariana Islands Delegate Act
Summary: H.R. 873 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 2007 (110th Congress). 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.
CBO estimates that enacting the bill would increase direct
spending by about $200,000 in 2007 and by about $2 million over
the 2007-2015 period. In addition, implementing the bill would
have discretionary costs of approximately $1 million in 2007
and $5 million over the 2007-2010 period, assuming the
appropriation of the necessary funds.
H.R. 873 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.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 873 is shown in the following table.
The costs of this legislation fall within budget function 800
(general government).
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By fiscal year, in millions of dollars--
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2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
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CHANGES IN DIRECT SPENDING
Delegate Salary and Benefits:
Estimated Budget Authority................................ 0 * * * * * * * * *
Estimated Outlays......................................... 0 * * * * * * * * *
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Delegate's Office and Administration:
Estimated Outlays......................................... 0 1 1 1 1 1 1 1 1 1
Estimated Authorization Level............................. 0 1 1 1 1 1 1 1 1 1
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Note.--* = less than $500,000.
Basis of estimate: For this estimate, CBO assumes that the
bill will be enacted near the start of fiscal year 2006 and
that spending will follow historical patterns for Congressional
spending.
Direct Spending
Enacting H.R. 873 would increase direct spending for the
payment of the salary of the new nonvoting delegate and the
costs of associated benefits. CBO estimates that the increase
in direct spending for Congressional salaries and benefits
would be about $2 million over the 2007-2015 period. That
estimate assumes that the current annual salary of $162,100
would be adjusted for inflation. With benefits, the 2007 cost
would be just above $200,000.
Spending Subject to Appropriation
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 about $1 million in fiscal year 2007 and about $5 million
over the 2007-2010 period, subject to the availability of
appropriated funds.
Intergovernmental and private-sector impact: H.R. 873
contains no intergovernmental or private-sector mandates as
defined in 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.
Estimate prepared by: Federal Costs: Matthew Pickford.
Impact on State, Local, and Tribal Governments: Marjorie
Miller. Impact on the Private-Sector: Craig Cammarata.
Estimate 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 not change existing law.