[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 494 Engrossed in House (EH)]


                 In the House of Representatives, U.S.,

                                                      October 13, 1998.
Whereas the Chamorro people have inhabited Guam and the Mariana Islands for at 
        least 4,000 years and developed a unique and autonomous seafaring 
        agrarian culture, governing themselves through their own form of 
        district government;
Whereas in 1565 the Kingdom of Spain claimed the islands of the Chamorro people, 
        which were named the Ladrones by Ferdinand Magellan in 1521 and renamed 
        the Marianas by the Jesuit missionary Diego Luis de San Vitores in 1668, 
        to secure the trans-Pacific route of the Manila-Acapulco Galleon Trade, 
        then, upon San Vitores's death in 1672, the islands were placed under 
        military governance;
Whereas in 1898 the United States defeated the Kingdom of Spain in the Spanish-
        American War and acquired Guam, Puerto Rico, and the Philippines by 
        virtue of the Treaty of Paris;
Whereas, in signing the treaty, the United States Government accepted 
        responsibility for its new possessions and agreed that Congress would 
        determine the civil rights and political status of the native 
        inhabitants, as stated specifically in Article IX;
Whereas President William McKinley, by Executive Order 108-A on December 23, 
        1898, placed the island of Guam under the administration of the United 
        States Navy, which administered and governed the island, initially as a 
        coaling station, then as a major supply depot at the end of World War 
        II;
Whereas a series of rulings popularly known as the ``Insular Cases'', issued by 
        the United States Supreme Court from 1901 to 1922, defined Guam as an 
        ``unincorporated territory'' in which the United States Constitution was 
        not fully applicable;
Whereas the United States Naval Government of Guam was forced to surrender the 
        island of Guam to the invading forces of the Japanese Imperial Army on 
        December 10, 1941, after which Japanese occupation and control of Guam 
        lasted until the United States Forces recaptured the island in 1944;
Whereas Guam is the only remaining United States territory to have been occupied 
        by Japanese forces during World War II, the occupation lasting for 32 
        months from 1941 to 1944;
Whereas the people of Guam remained loyal to the United States throughout the 
        Japanese occupation, risked torture and death to help clothe and feed 
        American soldiers hiding from enemy forces, and were subjected to forced 
        labor, ruthless executions, and other brutalities for their support of 
        the United States;
Whereas, upon liberation of the people of Guam, the island was returned to 
        United States Navy governance, which, like its prewar predecessor, 
        limited the civil and political rights of the people, despite numerous 
        appeals and petitions to higher authorities and Congress for the 
        granting of United States citizenship and relief from military rule;
Whereas in 1945, upon establishment of the United Nations, the United States 
        voluntarily listed Guam as a nonself-governing territory, pursuant to 
        Article 73 of the United Nations Charter, and today Guam continues to be 
        included in this list;
Whereas on March 6, 1949, the House of Assembly, the lower house of the 
        popularly elected 9th Guam Congress, which was merely an advisory body 
        to the Naval Governor of Guam, adjourned in protest over the limitation 
        of its legislative rights granted to it by the United States Department 
        of the Navy in 1947 and refused to reconvene until the United States 
        Congress enacted an organic act for Guam;
Whereas the Organic Act of Guam (64 Stat. 384) passed by Congress and signed by 
        President Truman on August 1, 1950, statutorily decreed Guam's status as 
        an ``unincorporated territory'', established a three-branched civilian 
        government patterned after the Federal model, and conferred United 
        States citizenship upon the people of Guam;
Whereas, since the granting of American citizenship, the people of Guam have 
        greater participation in the American democratic processes and some 
        measure of self-government;
Whereas the people of Guam, who strongly adhere to the belief that a government 
        should derive power and right from the governed, successfully gathered 
        enough support to push for the passage of the Elective Governor Act 
        (Public Law 90-497) on September 11, 1968, and in which Congress granted 
        the people of Guam the right to elect their own governor and lieutenant 
        governor;
Whereas the Congress enacted the Guam-Virgin Islands Delegate bill on April 10, 
        1972, allowing for Guam to have a nonvoting delegate in the United 
        States House of Representatives, and although the delegate is not 
        accorded a vote on the floor of the House of Representatives, it is 
        still one of the benchmarks in Guam's political evolution and heightens 
        Guam's visibility in the national arena;
Whereas, although Congress authorized in Public Law 94-584, the formation of a 
        locally drafted constitution, the subsequent Guam Constitution, it was 
        not ratified by Guam's electorate through a referendum on August 4, 
        1979;
Whereas concerns regarding Guam's political status led the Twelfth Guam 
        Legislature to create the first political status commission in 1973, 
        known as the Status Commission, the Thirteenth Guam Legislature in 1975 
        created another commission, known as the Second Political Status 
        Commission, to address Guam's political status issue and explore 
        alternative status options, and in 1980, the existing Guam Commission on 
        Self-Determination (CSD) was created to identify and pursue the status 
        choice of the people of Guam, and in 1996 the Twenty-Fourth Guam 
        Legislature created the Commission on Decolonization to continue 
        pursuing Guam's political status;
Whereas the CSD, after conducting studies on 5 Guam political status options, 
        proceeded to conduct a public education campaign, which was followed by 
        a status referendum on January 12, 1982 in which 49 percent of the 
        people of Guam voted for Commonwealth, 26 percent for Statehood, 10 
        percent for Status Quo, 5 percent for Incorporated Status, 4 percent for 
        Free Association, 4 percent Independence, and 2 percent for other 
        options;
Whereas on September 4, 1982, a runoff was held between commonwealth and 
        statehood, the top options from the January referendum, with the outcome 
        of the runoff resulting in 27 percent voting for statehood and 73 
        percent of Guam's electorate casting their votes in favor of a close 
        relationship with the United States through a Commonwealth of Guam 
        structure for local self-government;
Whereas in 1988 the people of Guam first presented the Guam Commonwealth Act to 
        Congress to meet the various aspirations of the people of Guam, which 
        bill has been reintroduced by Guam's Congressional delegates since 1988 
        until the present;
Whereas Congress has continued to enact other measures to address the various 
        aspirations of the people of Guam, while considering legislative 
        approaches to advance self-government without precluding Guam's further 
        right of self-determination, consistent with the national political 
        climate that emphasizes decentralization of the decision making process 
        from Washington to the local governments and a relationship with the 
        Federal Government that is based on mutual respect and consent of the 
        governed; and
Whereas the people of Guam are loyal citizens of the United States and have 
        repeatedly demonstrated their commitment to the American ideals of 
        democracy and civil rights, as well as to American leadership in times 
        of peace as well as war, prosperity as well as want: Now, therefore, be 
        it
    Resolved, That the House of Representatives--
            (1) recognizes 100 years of Guam's loyalty and service to the United 
        States; and
            (2) will use the centennial anniversary of the 1898 Spanish-American 
        War to reaffirm its commitment to the United States citizens of Guam for 
        increased self-government, consistent with self-determination for the 
        people of Guam.
            Attest:

                                                                          Clerk.