Date: 1983-05-25
Speaker: WON PAT (democrat)
Chamber: H

Mr. Speaker. a decade ago. on the 25th anniversary of the enactment of the Organic Act of Guam by the Congress of the United States. I asked and was given the floor to address this Chamber on a matter dear to the hearts of our American brethren residing in our offshore flag territories. Mr. Speaker. political status for emerging island entities is more than just theories one reads in freshman college textbooks. Political status is a life principle that undergirds all dynamic human societyit is the foundation by which a community of people binds themselves to one another. establishes their identity and develops respect for themselves. More importantly. political status governs the daily relationship between peoples and their governments as equals. To a larger extent. it was this incessant yearning for separate status and equality that the American colonies fought the Revolutionary War. Most recently and closer to home. several small island entities in Micronesia have opted for political statuses that are unique to our American overseas "colonial" experience. The political status negotiated by the Federated States of Micronesia. Palau. and the Marshall Islands are without precedent. For all practical purposes. these entitities are quasisovereign nations. Except in matters of defense. these "states" enjoy a degreee of autonomy no territory of the United States has heretofore enjoyed. The Northern Mariana Islands. which are also a part of the Trust Territory of the Pacific Islands. chose a commonwealth status in political union with the United States. The Puerto Ricans have also had the opportunity to negotiate their status with the United States and are now making overtures to perfect their statusperhaps statehood. I cite these examples. Mr. Speaker. not because we are envious of the achievements of our territorial brothers. nor do we want to emulate them. Rather. I want to point to the fact that these people have been given the opportunity to discuss their preferred status and relationship with the Federal Government. Yet. we on Guam and the Virgin Islands who are citizens of the United States have not been afforded the same opportunity and option. notwithstanding the repeated promises by successive administrations. both Republicans and Democrats. and not withstanding the commitment made in the Treaty of Paris of 1898. that: The civil rights and political status of the inhabitants of the territories hereby ceded to the United States shall be determined by the Congress. Mr. Speaker. Guam and the Virgin Islands are identified and defined in their respective Organic Acts as unincorporated territories of the United States. As such. the Constitution of the United States does not apply save those provisions that have been extended to these areas by congressional act ion. Moreover. an unincorporated status. unlike an incorporated territorythe States of Alaska and Hawaii before their admission to the Union--carries no implied promise that at some future point in time these territories will achieve statehood. There simply is no set pattern. beginning with the Northwest Ordinance of 1787. which a territory aspiring to become a State of the Union can follow. Congress. by virtue of its plenary power over the territories of the United Statesarticle IV. section 3 of the Constitutiondetermines their ultimate destiny. Mr. Speaker. last year the people of Guam. through a plebiscite. indicated their desire to become a commonwealth of the United States. albeit an unincorporated entity of the U.S. body politic. Although this desire has been expressed through a popular democratic process. this. expression cannot be translated into reality because it lacks congressional sanction and approval. No flag territory. even those that are not integral parts of the Union by virtue of their unincorporated status. can unilaterally change their relationship with the Federal Government. It is for this reason. Mr. Speaker. that I am. again. introducing a concurrent resolution to urge the President of the United States and the Governor of Guam to appoint representatives to discuss Federalterritorial relations and to review the applicability of certain Federal laws and their impact on the territory of Guam. Although the Secretary of the Interior and the Governor of Guam had agreed in early 1974 to undertake a joint review of the relationship between the Federal Government and Guam. no substantial discussion took place largely because it lacks congressional authority. In short. without congressional imprimatur. no meaningful discussion can take place to change the character of the relationship between the Federal Government and Guam. Any role assumed by the President in territorial matters has to be a congressionally delegated onehence. my concurrent resolution that I am privileged to introduce today. Equally fundamental to Guams constitutional development. Mr. Speaker. any understanding between Guam and the Federal Government to establish a new political order must be a result of a political agreement that could be changed only by mutual consent. Indeed. any changes in the Organic Act of Guam or laws of the United States applicable to Guam. even if these changes were recommended by a joint Federalterritorial laws review panel. will be fragilebeing ever subject to unilateral change by the Congress. And since it is a wellestablished dictum and practice that one Congress cannot bind a succeeding Congress. there is no security in Guams future political status that is not achieved through negotiation and by mutual agreement. Without political agreement the integrity of any territorial political status will be fragile indeed. Mr. Speaker. there are numerous incidents I can cite to support my apprehension about the misapplication of Federal Government power and authority over our flag territories. The most flagrant example was the Treasury Department issuance of a ruling last December 1982. which. in effect. usurped the congressionally delegated authority to the Governor of Guam regarding the administration of income tax laws. Another example is the enforcement of section 111 and 123 of the Clean Air Act. which. in effect. requires Guam to install a $20 million scrubber on power generating plants without a clean air benefit. These examples demonstrate the urgency to estFablish a new political order in our territories. one that is based on the cardinal principles of our Government enunciated by Presidents Jefferson and Lincolnthat the foundation of our Government rests upon the free consent of the governed. Mr. Speaker. Guam is a partner in the defense of our Nation. Onethird of our island is used for national security. Our peoples fierce loyalty to our Nation is a constructive force in our countrys relations with other countries in the South Pacific. In the past. this mutual support benefited us greatly and we have every reason to believe that our mutual cooperation will be Important for our Nation In the years ahead. I can assure my colleagues here that their approval of my concurrent resolution and the rearrangement of Guams political status will in no way disturb the security interests of our Nation. But. Mr. Speaker. after 80 years of territorial administrative experience and after 32 years since the enactment of the organic laws. we must now be prepared to discard our longheld colonial posture and paternalistic policy approach toward out flag territories. The old approach toward solving new problems is too slow and unpromising. Finally. Mr. Speaker. Guam. as an unincorporated territory of the United States. has passed its 32d birthday. Our territory and our people have attained a degree of political maturity. though we still have growing pains. But. we now have a clearer view of what we are and where we want to be. Politically. our people have already expressed their choice for a commonwealth status and the desire to perfect our relationship with the Federal Government. But in our maturation process of the last 32 years. we are convinced that the Congress. and more especially the Federal bureaucracy. must alter its attitude and policya policy that rules out a Washingtonimposed control of our territorial daily lives. as anathema to liberty and the principle of selfdetermination. This new relationship requires the abandonment of the old colonial posture In favor of a more pragmatic mix and enlightened territorial policyone that recognizes selfgovernment as a natural condition of a free society and that the government that governs best is that which provides the environment conducive to achieving the expectations of the people it serves. Thank you.e