[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.