Statement of Chairman Ron de Lugo on H.R. 98, to Establish a Commonwealth of Guan The Framers of our Constitution didn't envision that one day our Nation might permanently include distant and different islands that might not become full members of the Union. They simply gave Congress responsibility for the governing of parts of the American political family that are not states. There are now five U.S. insular areas in the Pacific and the Caribbean. In recent decades, Congress has tried to reconcile the reality of this situation with our Nation's commitment to selfgovernment. In the early 1950s, it experimented with dividing governing responsibilities with the people of a U.S. insular area through a mutual agreement to establish the Commonwealth of Puerto Rico. Thirteen years ago, it developed this concept for selfgovernment even further through a mutual agreement to establish the Commonwealth of the Northern Mariana Islands. This morning, we begin hearings on a bill to establish a third insular commonwealth through mutual agreement: the Commonwealth of Guam. Ninety-one years ago yesterday, representatives of the President agreed that the then Spanish island of Guam should become U.S. territory, with a political status determined by the Congress. For many years, all governing responsibilities were vested in naval governors. After World War Two, some local legislative responsibilities were shared with the Guam Congress, subject to ultimate naval responsibility. Finally, an Organic Act was enacted in 1950 in response to petitions of the people of Guam. It still serves as the primary definition of the federal-territorial relationship. The Organic Act initially delegated local legislative responsibilities to a Legislature of Guam. Executive responsibilities were vested in an Interior Department governor. Amendments to the Organic Act have delegated further responsibilities. A 1968 amendment delegated local executive responsibilities to an elected governor. Today, the Interior Department retains only federal administrative responsibilities. For some two decades now, though, Guamanians have sought to replace the Organic Act. Their early efforts concentrated on a locally-written constitution. - Shortly after agreeing to the establishment of the Northern Mariana Islands Commonwealth in 1976, Congress in a bill I am proud to have helped write authorized the people of Guam to write a constitution. - The Northern Marianas agreement may have helped convince many in Guan, though, that a constitution shouldn't be written until the federal-territorial relationship was improved. Guam's voters are said to have disapproved a locally-written constitution for this reason in 1979. 2 A commonwealth relationship with the U.S. was supported by 49% of the vote among five status options in a 1982 referendum. Commonwealth then won 73% support in a run-off. The next year, our predecessor subcommittee went to Guam to hear the people's goals for improving federal-territorial relations. Then Governor Ricky Bordallo championed the commonwealth cause. Presidents Ford and Carter had directed the Interior Department to discuss needed improvements at Guam's leaders' request. But the Reagan Interior Department backed away from these initiatives when Guam approached them, hiding behind the necessity for ultimate congressional approval for a status development. Guam's congressman at the time, the late Tony Won Pat, wanted to force their hand. But Chairman Udall and then Ranking Republican Manuel Lujan, unhappy with the Reagan Administration's handling of the Micronesian status discussions, suggested going along with a direct approach to Congress. Won Pat and Lujan represented the Committee at a meeting with Guam's leaders in 1983 to discuss how the legislation should be drafted. They agreed that Guam's united leaders would draft a two-part legislative package for informal discussion with federal officials. The first part would consist of proposals fundamental to commonwealth. The second would be made up of other, controversial proposals. Guam's leaders would modify their initial drafts in compromises with federal comments. Guam's Delegate would then sponsor the compromise bills. Guam's leaders at the time didn't follow this agreement. They drafted one bill, instead of two, lumping in proposals not fundamental to commonwealth with those that were. When the Committee expressed concerns about a number of provisions, few changes were made. Guam's leaders also submitted the draft to a series of two referenda that approved a slightly modified version in 1987. Committee Members had advised against the referenda fearing that they would delay congressional approval. Guam's leaders at the time suggested otherwise but, as we feared, the referenda politically bound Guam's leaders to the bill as drafted. It made them unable to agree to the revisions inevitable in the legislative process and necessary to obtain approval of commonwealth. The bipartisan leadership of the Committee, however, sponsored the bill with our colleague Ben Blaz of Guam in spite of concerns because it reflects the will of the people of Guam. To date, 166 Members of the House have co-sponsored the bill for this reason and because of the persuasiveness of Ben Blaz, again in spite of some concerns. As important as the concerns are, many Members also recognize the very real need to improve the federal-territorial relationship through mutually-approved commonwealth legislation. I believe that there are ways to overcome the concerns with the bill as drafted that will respond to the most important objectives of the people of Guam. Their objectives relate to legitimate problems which Congress should try to resolve. 3 I noted earlier that yesterday was 91 years to the day since representatives of the U.S. agreed that Guam should be U.S. territory. It was also, though, 48 years to the day since a representative of the U.S. agreed to surrender the territory to Japan. As the Subcommittee heard at our hearing on Congressman Blaz's bill to finally compensate many in Guan for World War Two suffering, many of Guam's problems have cried out for just resolution for many years. I hope that we, together with other federal and Guamanian leaders, can find acceptable ways to address the problems in the federal-territorial relationship through this legislation because...it is time to establish the Commonwealth of Guam. The people of Guam deserve a relationship with the federal government that: o considers Guam's unique circumstances and needs as federal policies are made; o consults Guam in the making of policies that directly affect it; o treats our fellow Americans in Guam equitably in federal programs; o enables Guam to reach its economic potential; o accords the people of Guam full local self-government; o recognizes the Chamorro heritage of Guam; o permits Guam to exercise the maximum control feasible over local resources; o provides Guam with essential assistance; and o recognizes that Guam is a key part of the Nation's Pacific insular border. When the Committee visited Guam in February, I promised Guam's leaders that I would begin hearings when the Executive Branch finally took positions on the bill. Although the Reagan Administration had avoided doing so, now Interior Secretary Manuel Lujan, who had been with us, got the Bush Administration to do its job. When the Administration submitted its report in August, I scheduled the first hearing for six weeks later. I delayed the hearings until now, though, because some of Guam's leaders were disunited. As the Committee has stressed throughout, unity in Guam is essential to bring about commonwealth. The few who would use the issue for personal political gain and blow-up the inevitable federal-territorial differences would delay this historic quest. Today, we begin the first series of hearings on the bill at Congressman Blaz's urging. Our purpose is to formally receive Guam's proposal and the Bush Administration's comments on it. I have told Guam's leaders that we will go to Guam to hear directly from the people and hold further hearings in Washington as well before we report the bill. I scheduled these initial hearings in Honolulu for symbolic as well as practical reasons. It is more convenient than Washington for Guan's leaders and it shows our willingness to meet them more than half way. I am ready to work as hard as necessary to enable the dream of commonwealth for Guam to become a reality before too long. Our first witness, Governor Joe Ada, epitomizes this dedication to Mr. DE LUGO. At this time, I would like to recognize the very ef fective Delegate from Guam, Congressman Ben Blaz, for any statement he may have. Mr. BLAZ. Thank you very much, Mr. Chairman. Let me say that of all the lessons that we learned in the Congress, the most important one for all of us as colleagues is whether or not a Member has a capacity to make a promise and to keep that promise. Today you have kept a promise. It has not been easy to schedule the hearings here for a variety of reasons. But indeed your point about halfway is extremely symbolic in the sense that I think we would agree that if our country were to meet us just halfway, we certainly would make a tremendous leap in our relationship. At this point, I want also to thank so much our colleagues from the Hawaii delegation. Coming to Hawaii has continued to be a joy for me personally and for me politically for a variety of reasons, because culturally, socially, politically, and in so many ways, Hawaii has been a role model for all of us. I have with me a flag which I found in my possession the other day. It has 48 stars. It is a collector's item. I bring it up today because at the time there were 48 stars in this flag, the prospect of our brothers and sisters in Hawaii becoming a State was almost a laughing matter for some people. But because of the tenacity and the logic of the presentations of the leaders at that time, they managed to win for themselves that star that made them a State. So for many, many reasons, Mr. Chairman, what Guam is seeking is its little star as well not necessarily for Statehood, but just so we replace that ridiculous asterisk with a star at Christmastime. Mr. Chairman, I have mentioned to you and I would like to make a formal request right now that I be permitted to reserve the balance of my time so that I may appear with my people as a witness for the bill. Thank you, sir. Mr. DE LUGO. You have heard the request of the Delegate from Guam. Are there any objections? Hearing no objections, so ordered. Now let me recognize a gentleman who traveled all the way from the Caribbean to be here and arrived last night to participate in this hearing. He does that, I know, as part of his duty as a member of this subcommittee, but he also has a very big interest in what is happening with Guam and Commonwealth. Any time there is a discussion about Commonwealth, Congressman Fuster is very much alive and bubbly, and of course he is a renowned legal expert. He is a fine person as well. Let me recognize the Resident Commissioner of Puerto Rico at this time. Mr. FUSTER. Thank you, Mr. Chairman. I wouldn't mind a Resident Commissioner for them except they have a very able Delegate. Let me say, Mr. Chairman, to begin, that I am very happy to be here. First, because I am in beautiful Hawaii. You know, I was just thinking that it is a remarkable circumstance that at this table, you have the most lucky Members of Congress. You have Danny and Pat and Ben, yourself, and even myself. We are the guys that represent paradise in Congress; beautiful Hawaii, beautiful Guam, beautiful Samoa and of course the beautiful Virgin Islands and Puerto Rico. It is a unique coincidence that we all sit here today. I am very happy to be here for another reason, of course, and that is because we are participating in a very historical event. This is really a very important occasion not only for Guam, but for most of the people from the insular jurisdictions. We are here, of course, to begin what I think and I hope is going to be the decisive consideration of Guam's petition for Commonwealth status. I think that we are finally on a definite track in Congress to take care and decide on Guam's petition, and as the Chairman said, I think that the time is ripe for Guam, to become a Commonwealth. So it is very important to the Guamanian people's right of self-determination, but it is also very important for the other peoples in insular jurisdictions. What we are going to be doing in the next few months and what we begin here today will have for sure far-reaching implications for people in Puerto Rico, in the Northern Marianas, and, Mr. Chairman, I suspect for the people in the Virgin Islands. I know there are groups in the Virgin Islands beginning to look into Commonwealth as an alternative to the present status there. So some of the things we will be doing from now on will certainly have an impact on the destinies of many peoples in the islands. As I have said in Guam, Northern Marianas, in Puerto Rico and down the line in the Virgin Islands itself. I think that is very important that what we will be doing here is because I also believe that Congress will inevitably finally come to grips with a very difficult problem, and that problem has to do with the full unfolding of the congressional vision or understanding of what Commonwealth is all about. We know it is no secret that the process we are just beginning is a very difficult process. There is, and most of the people around this table know about it and many of the people, all of those who will be testifying, I suppose, that the petition of Guam presents a very difficult situation because there are gaps. You have alluded to them indirectly, Mr. Chairman, in your statement. There are gaps, important gaps that exist between what the people of Guam want, between the aspirations of the people of Guam as presented in the bill before Congress, and what people in Congress feel is what Congress as a whole will be able to grant to the people of Guam. There is a gap between those two ideas, the aspirations of the people of Guam and the notion that Congress may not be able to fully accommodate those aspirations. There is talk that some of the petitions that are unrealistic, not constitutionally or politically sound, and there is no question that there are some very delicate and controversial and difficult questions to be resolved. But I want to make the point, Mr. Chairman, that this is nothing new. This gap that exists between the aspirations of the people of Guam and what some believe are the limits to what Congress may do, is nothing new. It is an existing problem. We have experienced that in Puerto Rico. The people of the Northern Marianas have experienced it. We have experienced it in Puerto Rico many times. Every time we attempted to get enhancement of Commonwealth, |