[Congressional Record Volume 144, Number 137 (Monday, October 5, 1998)]
[House]
[Pages H9462-H9465]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
GUAM ORGANIC ACT AMENDMENTS OF 1998
Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 2370) to amend the Organic Act of Guam for the
purposes of clarifying the local judicial structure and the office of
Attorney General, as amended.
The Clerk read as follows:
H.R. 2370
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guam Organic Act Amendments
of 1998''.
SEC. 2. ATTORNEY GENERAL OF GUAM.
Section 29 of the Organic Act of Guam (48 U.S.C. 1421g) is
amended by adding at the end the following new subsection:
``(d)(1) The Attorney General of Guam shall be the Chief
Legal Officer of the Government of Guam. At such time as the
Office of the Attorney General of Guam shall next become
vacant, the Attorney General of Guam shall be appointed by
the Governor of Guam with the advice and consent of the
legislature, and shall serve at the pleasure of the Governor
of Guam.
``(2) Instead of an appointed Attorney General, the
legislature may, by law, provide for the election of the
Attorney General of Guam by the qualified voters of Guam in
general elections after 1998 in which the Governor of Guam is
elected. The term of an elected Attorney General shall be 4
years. The Attorney General may be removed by the people of
Guam according to the procedures specified in section 9-A of
this Act or may be removed for cause in accordance with
procedures established by the legislature in law. A vacancy
in the office of an elected Attorney General shall be
filled--
``(A) by appointment by the Governor of Guam if such
vacancy occurs less than 6 months before a general election
for the Office of Attorney General of Guam; or
``(B) by a special election held no sooner than 3 months
after such vacancy occurs and no later than 6 months before a
general election for Attorney General of Guam, and by
appointment by the Governor of Guam pending a special
election under this subparagraph.''.
SEC. 3. LEGISLATIVE QUORUM.
Section 12 of the Organic Act of Guam (48 U.S.C. 1423b) is
amended by striking ``eleven'' and inserting ``a simple
majority''.
SEC. 4. CLARIFICATION OF LEGISLATIVE POWER.
The first sentence of section 11 of the Organic Act of Guam
(48 U.S.C. 1423a) is amended--
(1) by inserting ``rightful'' before ``subjects''; and
(2) by striking ``legislation of local application'' and
inserting ``legislation''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Alaska (Mr. Young) and the gentleman from Guam (Mr. Underwood) each
will control 20 minutes.
The Chair recognizes the gentleman from Alaska (Mr. Young).
(Mr. YOUNG of Alaska asked and was given permission to revise and
extend his remarks.)
Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I urge my colleagues to support H.R. 2370.
I want to compliment the gentleman from Guam (Mr. Underwood). This
bill is the amendment to the Organic Act of 1998, which authorizes
increased self-government for the U.S. citizens of the American
territory of Guam. These changes have been the subject of hearings
conducted by the Committee on Resources.
A consensus of support of the proposed changes to Guam's Organic Act
emerged from testimony by various people from Guam. Furthermore, the
Guam legislature petitioned Congress for the changes now before the
House. One provision would amend Guam's Organic Act to allow local law
to provide for the election rather than the appointment of Guam's
Attorney General. Another provision permits the quorum size requirement
of the legislature be changed from the specific number of 11 out of 21
to a simple majority.
While the proposed changes to the Guam local government are justified
and appropriate, these kinds of changes can and should be done by Guam
by the development and adoption of a local constitution. Congress
authorized a formulation of a local constitutional government by Guam
in Public Laws 94-584 and 96-597 in 1976 and 1980 respectively.
The U.S. citizens of Guam can absolutely be certain that with the
adoption of a local constitution, they will retain an inherent right to
seek substantial changes in their political status.
However, until Guam enacts a local Constitution, any changes to the
basic laws governing Guam can only be done by Congress. Thus, the need
for this House to provide authority for specific amendments to the Guam
Organic Act to enhance the government of Guam. This is a good piece of
legislation. I urge the passage of the legislation.
When Congress acted years ago to permit Guam to change the size of
its legislature, the
[[Page H9463]]
quorum requirement was inadvertently not changed as well. That
oversight is corrected with the necessary conforming amendment in the
bill. These changes including the technical clarification of local
legislative power all received bipartisan support in the congressional
hearings.
Before H.R. 2370 was approved by the Committee on Resources, the
committee of jurisdiction, the legislation contained a section
regarding ``Judicial Authority; Supreme Court of Guam.'' That proposed
provision would have overridden the local Guam Public Law 24-139,
enacted February 22, 1998. Guam's local law is clear decisive
legislation, reflecting the desire of Guam's legislators for a specific
type of administrative organization for the Judicial Branch of Guam
which they believed would be best for the Guam community. While there
were individuals who supported the judicial change proposed in H.R.
2370, which was also suggested to be consistent with results of an
unscientific survey of public opinion regarding the judiciary on Guam,
such a fundamental change to Guam's local self-governance should be
done with the support of the Government of Guam; or, in a locally
developed Constitution, not by a unilateral change in the Federal
statute.
Congress has considered changes affecting local self-government in
the territories primarily based on a consensus by the people and their
leaders. That consensus has been usually reflected in resolutions by
the local legislature. During the past couple of years, the Government
of Guam has informed Congress a number of times of requested changes to
the Guam Organic Act or federal law. The provisions in H.R. 2370 as
approved and reported by the Committee on Resources for full
consideration by the full House have the general support of the leaders
of Guam.
Rather than continuing to petition Congress to make changes to the
Organic Act regarding functions and powers of the executive,
legislative, and judicial branches of the Government of Guam, a
constitution can be adopted to address those areas. Furthermore, any
future changes to the local constitutional government would be through
the local amendment process for the constitution, as exists today for
Puerto Rico and the Northern Mariana Islands. The federal courts and if
necessary, the Congress remain the safeguards to insure that the local
constitutional government as amended is consistent with the federal
Constitution and the intent of Congress.
The Guam Legislature passed Resolution No. 85 on September 15, 1997,
asking the U.S. 105th Congress to amend the federal law authorizing
constitutional government for Guam. Congress is asked to explicitly
state that the adoption of a constitution would not preclude or
prejudice the right of self-determination by the people of Guam.
Indeed, Congressional assurance is important so that the people of
Guam know that the adoption of a constitution by Guam as authorized in
federal law would not preclude their further right to self-
determination. Guam would in fact enjoy a major degree of increased
local self-government with constitutional government, which could be as
the ``Commonwealth of Guam'' if that is what the people of Guam choose
to call their finally-implemented constitution. The U.S. citizens of
Guam can be absolutely certain that with the adoption of a local
constitution they will retain an inherent right to seek a subsequent
change in their political status.
The right of continued self-determination after the adoption of a
constitution in a U.S. territory is validated by the fact that the
adoption of a local constitution in 1952 by the U.S. citizens of Puerto
Rico, as similarly preauthorized by Congress, has not precluded or
prejudiced the people's further right of self-determination. Also
relevant to Guam is the adoption by the Puerto Rico Constitutional
Convention of Resolution 22 which called the new constitutional
government structure, the ``Commonwealth of Puerto Rico''. Now, over
four decades later, Puerto Rico's territorial legislature has asked the
105th Congress to define a process for further self-determination. Both
the U.S. House and the Senate have passed measures this year explicitly
supporting Puerto Rico's right to self-determination and a change of
the Commonwealth of Puerto Rico to full self-government status when
desired by a majority of the people of Puerto Rico. Clearly the
adoption of a local constitution has not precluded the further exercise
by the people of Puerto Rico of the right of self-determination and the
adoption of a Guam constitution would not limit a future change in
Guam's status.
Out of respect to the Guam Legislature who petitioned the 105th
Congress for clarification on this matter on behalf of the people of
Guam, the entire text of Guam Resolution No. 85 follows. However, until
Guam enacts a local constitution, any change to the basic laws
governing Guam can only be done by Congress, and thus the need for this
House to provide authority for specific amendments to the Guam Organic
Act to enhance self-government for Guam.
Guam Legislature Resolution No. 85:
Relative to requesting the 105th Congress to amend the
Organic Act by adding a new Section 6, to confirm that the
adoption of a Constitution establishing local government
shall not preclude or prejudice the further exercise in the
future by the people of Guam of the right of self-
determination regarding the ultimate political status of
Guam.
Be It Resolved by the Legislature of the Territory of Guam:
Whereas, in 1976 the United States Congress enabled the
people of Guam, pursuant to P.L. No. 95-584, to organize a
government under a constitution of our own adoption, which
upon approval by Congress and the people of Guam, would
provide for local government over the internal affairs of our
Island; and
Whereas, when the current government of Guam structure for
territorial government was established under the 1950 Organic
Act, it was welcomed by the people of Guam as progress toward
greater local government, but it was instituted without the
consent of the people of Guam through a democratic act of
self-determination or participation in the Federal lawmaking
process on the basis of equal citizenship or equal
representation; and
Whereas, the 1977 Constitution of Guam, drafted pursuant to
Federal and local statutes, was approved by Congress but was
not approved by the people of Guam in the 1979 referendum;
and
Whereas, the process of establishment of internal local
government under a local constitution was suspended after
linkage was created between the draft constitution and the
political status process; and
Whereas, in light of representation and speculations
inconsistent with the foregoing from 1979 to the present, it
is essential for Congress to confirm its original and
continued intention and expectation that authorization and
approval of local constitutional government in Guam would not
preclude or be prejudicial to the exercise of the right to
self-determination, as part of the process through which
ultimate political status of the territory of Guam is to be
determined: Now therefore, be it
Resolved, by the Guam Legislature, on behalf of the people
of Guam, request the One Hundred and Fifth Congress of the
United States to amend Public Law No. 94-585, Oct. 21, 1976,
90 Stat. 2899, as amended by Public Law No. 96-597, Title V,
Sec. 501, Dec. 24, 1980, 94 Stat. 3479, by adding a new
Section 6 to read as follows:
``Section 6. Establishment of local constitutional local
government pursuant to this Act shall not preclude or
prejudice the further exercise in the future by the people of
Guam or the Virgin Islands of the right of self-determination
regarding the ultimate political status of either territory;
and be it further
Resolved, that the Speaker certifies to, and the
Legislative Secretary attests, the adoption hereof and that
copies thereafter be transmitted to the President of the
United States of America; to the President Pro Tempore,
United States Senate; to the Majority Leader, United States
Senate; to the Minority Leader, United States Senate; to the
Chairman of the Committee on Energy and Natural Resources,
United States Senate; to the Speaker, U.S. House of
Representatives; to the Majority Leader, U.S. House of
Representatives; to the Minority Leader, U.S. House of
Representatives; to the Chairman of the Committee on
Resources, U.S. House of Representatives; to the Resident
Commissioner of Puerto Rico, U.S. House of Representatives;
to the Virgin Islands Delegate to Washington, U.S. House of
Representatives; to the Guam Delegate to Washington, U.S.
House of Representatives; to the President of the Mayor's
Council; and to the Honorable Carl T.C. Gutierrez, Governor
of Guam.
Duly and Regularly Adopted on the 25th Day of September,
1997.
Anthony C. Blaz.
Joanie M.S. Brown.
Mr. Speaker, I reserve the balance of my time.
(Mr. UNDERWOOD asked and was given permission to revise and extend
his remarks.)
Mr. UNDERWOOD. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I want to thank the chairman of the Committee on
Resources, the gentleman from Alaska (Mr. Young) for allowing me the
opportunity to move this legislation to the floor. I want to thank him
for allowing the people of Guam to clarify and make amendments to the
Organic Act of Guam, the governing document signed in the 1950s, which
acts as a framework for Guam's system of local government. This is not
the first time that Guam's Organic Act has been amended to reflect the
needs of the island, nor will it be the last.
Mr. Speaker, H.R. 2370, the Guam Organic Act Amendments, is important
and timely legislation for Guam. In a 1994 referendum, the voters
decided to reduce the size of Guam's legislature from a 21 member body
to 15 members. This law takes effect this year in
[[Page H9464]]
Guam's general election. Since Guam's Organic Act stipulates that a
quorum of the Guam legislature shall consist of 11 members, it is
impossible that the function of the new 15-member body will go on
unimpeded. Clarifying the Organic Act to read that a quorum shall
consist of a simple majority will prevent any confusion.
Another provision of this legislation will clarify and bring equity
to the powers of the Guam legislature. It has been said that compared
to the other territories, Guam's lawmaking body has even less authority
than other territories. This is because in defining the powers of the
legislature in Guam's Organic Act, authority was extended over subjects
of legislation. Congress amended the Virgin Islands Organic Act to read
that they have control over rightful subjects of legislation. H.R. 2370
will give Guam parity with the Virgin Islands and provide a greater
measure of self government.
{time} 1715
Lastly, H.R. 2370 allows Guam to establish an elected Attorney
General. This provision was included in the legislation in response to
a survey polling what changes should be made to Guam's Organic Act. For
this particular issue, the majority of respondents agreed that the Guam
Legislature should have the authority to decide whether an elected
Attorney General would better serve our island or remain with the
status quo of an appointment by the Governor.
Mr. Speaker, amending Guam's Organic Act is work that is taken very
seriously on our island. It is not something that we do without a great
deal of thought; we do it always as a deliberate measure to enact a
greater measure of self-government on our island. When I proposed this
legislation, it was because my constituents indicated that our local
government needed to function a little better while we work to solve
our final political status.
Unfortunately, one provision of the original legislation which would
clarify and make certain the independence of the judicial branch of
Guam's government was not included. This issue is still very much with
us, and I am hopeful that once the path is made clearer, that the
Congress would consider amending Guam's Organic Act to ensure that a
coequal branch of the judiciary exists on Guam.
Mr. Speaker, I thank the gentleman from Alaska (Mr. Young) and the
gentleman from California (Mr. Miller) for bringing H.R. 2370 to the
floor today. I would also like to acknowledge Chairman Young's strong
support as well as his candor as it relates to the removal of some of
the original provisions of H.R. 2370. I would also like to thank all
the staff that helped bring this about.
Mr. Speaker, H.R. 2370 is good legislation which provides Guam with a
greater measure of self-government, and I hope that my colleagues pass
H.R. 2370.
Mr. Speaker, I reserve the balance of my time.
Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, again, I want to compliment the gentleman from Guam (Mr.
Underwood) in working with him on this issue, and we will continue to
revisit this issue as time goes by. We hope someday that we would like
to see the commonwealth, or whatever Guam wants to be, become what they
want to be. And with the people in Guam and the efforts they have had
in the past and the future, I am sure that will occur.
Mr. Speaker, I have no further requests for speakers, and I yield
back the balance of my time.
Mr. UNDERWOOD. Mr. Speaker, I yield 3 minutes to the gentleman from
American Samoa (Mr. Faleomavaega).
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, I would like to offer my commendation
to the gentleman from Alaska (Mr. Young), the chairman of the Committee
on Resources, for his support and bipartisanship in supporting this
legislation.
Mr. Speaker, I rise in support of this bill to give the local
government of Guam certain additional authority to amend its laws. The
Organic Act of Guam was enacted in 1950, and it is on this law that the
current executive, legislative, and judicial branches of the
territorial government are based.
Although Guam has the authority to adopt a Constitution, it has not
done so, and as a result no changes to the current structure of its
government can be made without the approval of Congress. The bill
before us today authorizes the local legislature to provide for an
elected Attorney General, changes the requirement for a quorum in the
legislature from 11 legislators to a simple majority, and extends
Guam's legislative authority to include all those normally considered
to be within the jurisdiction of a governing authority.
Mr. Speaker, coming from another of the insular areas, I understand
the difficulty of getting Congress to address technical corrections of
this nature. While the law proposed to be changed in this bill will
have no impact on the vast majority of citizens of our Nation, it will
have a definite impact on the residents of Guam by making their
government more responsive to the people being governed.
This legislation is consistent with the efforts of this body to give
more authority to local governments and certainly has my strongest
support. I urge my colleagues to support this legislation.
Ms. CHRISTIAN-GREEN. I thank my colleague for yielding to me.
I rise today in strong support of H.R. 2370, the Guam Organic Act
Amendments of 1998 and to congratulate and commend my friend and
colleague, the Gentleman from Guam, Bob Underwood for his hard work and
determination in getting this bill to the floor of the House today.
I want to take this opportunity to thank my colleague from Guam for
all the help he has given me as a new member and fellow Insular Area
Delegate to Congress, over these past two years. I have enjoyed very
much serving with Bob Underwood, who has always been available to me
for advice and counsel on many of the issues which are unique to our
Congressional districts.
The people of Guam are truly well served by having Congressman
Underwood as their representative in Congress.
My colleagues, H.R. 2370 would amend the Organic Act of Guam to
authorize the Government of Guam to establish an Office of the Attorney
General of Guam and for such Attorney General to be elected by the
qualified voters of Guam after 1998. The Guam Attorney General is
currently appointed by the Governor, however, controversies have arisen
in the past because of the appointment nature of this position.
There have been questions of political interference with
investigations, inefficiency of case work and, in one case, the
dismissal of the Attorney General without cause. It is clear, from a
recently conducted survey of the people of Guam, that they overwhelming
support the election of their Attorney General.
Similar to a bill which I have introduced and which is awaiting
scheduling on the Floor, H.R. 2370 would also, clarify that the
composition of a quorum of the Legislature of Guam would be a simple
majority rather than a specified number as required by current law.
Finally, H.R. 2370 would amend the language in the Guam Organic Act
to provide for the clarification of the legislative powers of the Guam
Legislature. This would provide Guam with a greater measure of self-
government equal to, ironically my own district, the U.S. Virgin
Islands.
My colleagues it is important that we pass H.R. 2370 immediately and
for the Senate to do the same, because it is needed to address the
problem of what constitutes a quorum of the Legislature of Guam. The
people of Guam have reduced the size of their local Legislature from 21
to 15 but current federal law still mandates a quorum of 11 members.
I commend my colleague from Guam for his hard work in seeking to
address this problem in advance of the 1998 Legislative elections. I
urge my colleagues to vote.
Mr. UNDERWOOD. Mr. Speaker, I have no further requests for time, and
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Alaska (Mr. Young) that the House suspend the rules and
pass the bill, H.R. 2370, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill to amend
the Organic Act of Guam to clarify local executive and legislative
provisions in such Act, and for other purposes.''.
A motion to reconsider was laid on the table.
[[Page H9465]]
____________________