[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]]



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