A BILL To provide for the popular election of the Governor of Guam, and for other purposes,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 6 of the Organic Act of Guam (64 Stat. 384, 386; 48 U.S.C. 1422), is amended to read as follows:

"SEC. 6. The executive power of Guam shall be vested in an executive officer whose official title shall be the 'Governor of Guam'. The Governor of Guam, together with the Lieutenant Governor, shall be elected by a majority of the votes cast by the people who are qualified to vote for the members of the Legislature of Guam. The Governor and Lieutenant Governor shall be chosen jointly, by the casting by each voter of a single vote applicable to both offices. If no candidates receive a majority of the votes cast in any election, on the tenth day thereafter a run-off election shall be held between the candidates for Governor and Lieutenant Governor receiving the highest and second-highest number of votes cast. The first election for Governor and Lieutenant Governor shall be held on November 8, 1966. Thereafter, beginning with the year 1968, the Governor and Lieutenant Governor shall be elected every four years at the general election. The Governor and Lieutenant Governor shall hold office for a term of four years (except that the Governor and Lieutenant Governor elected in 1966 shall hold office for a term of two years) and until their successors are elected and qualified, unless the Governor sooner is removed by recall. The term of the elected Governor and Lieutenant Governor shall commence on the fifth day of January following the date of election.

"No person shall be eligible for election to the office of Governor or Lieutenant Governor unless he is able to read and write the English language, is and has been for five consecutive years immediately preceding the election a citizen of the United States and a bona fide resident of Guam and will be, at the time of taking office, at least thirty years of age. The Governor shall maintain his official

residence in Guam during his incumbency.

"The Governor shall have general supervision and control of all the departments, bureaus, agencies and other instrumentalities of the executive branch of the Government of Guam. He may grant pardons and reprieves and remit fines and forfeitures for offenses against local laws. He may veto any legislation as provided in this Act. He shall appoint, and may remove, all officers and employees of the executive branch of the Government of Guam, except as otherwise provided in this or any other Act of Congress, or under the laws of Guam, and shall commission all officers that he may be authorized to appoint. He shall be responsible for the faithful execution of the laws of Guam and the laws of the United States applicable in Guam. Whenever it becomes necessary, in case of disaster, invasion, insurrection or rebellion or imminent danger thereof, or to prevent or suppress lawless violence, he may summon the posse comitatus or call out the militia or request assistance of the senior military or naval commander of the armed forces in Guam, which may be given at the discretion of such military commander if not disruptive of, or inconsistent with, his federal responsibilities. He may, in case of rebellion or invasion or imminent danger thereof, when the public safety requires it, proclaim the island, or any part thereof, under matial law. The members of the Legislature shall meet forthwith on their own initiative and may, by a twothirds vote, revoke such proclamation.

"There is hereby established the Office of Lieutenant Governor of Guam. The Lieutenant Governor shall have such executive powers and perform such duties as may be assigned to him by the Governor or prescribed by this Act or under the laws of Guam."

SEC. 2. Section 7 of the Organic Act of Guam (64 Stat. 384, 387; 48 U.S.C. 1422a), is deleted and replaced by the following new provision, also designated section 7:

"SEC. 7. Any Governor or Acting Governor of Guam may be removed from office by the President for cause or by the people registered to vote in Guam if 75 percent of the persons voting in a referendum shall vote in favor of recall; such referendum may be initiated by the Legislature of Guam, following a twothirds vote of the members of the Legislature in favor of referendum. or by petition to the Legislature of 25 percent of the people registered to vote in Guam." SEC. 3. Section 8 of the Organic Act of Guam (64 Stat. 384, 387; 48 U.S.C. 1422b) as amended, is amended to read as follows:

"The Governor shall make to the head of the department or agency designated by the President under section 3 of this Act an annual report of the transactions of the Government of Guam for transmission to the Congress and such other other reports at such other times as may be required by the Congress or under applicable Federal law. He shall have the power to issue executive orders and

regulations not in conflict with any applicable law. He may recommend bills to the Legislature and give expression to his views on any matter before that body, "SEC. 8. (a) In case of the temporary disability or temporary absence of the Governor, the Lieutenant Governor shall have the powers of the Governor.

"(b) In case of a permanent vacancy in the Office of Governor, arising by reason of the death, recall, resignation, removal or permanent disability of the Governor, or the death, resignation or permanent disability of a Governor-elect, or for any other reason, the Lieutenant Governor or Lieutenant Governor-elect shall become the Governor, to hold office for the unexpired term and until his successor shall have been duly elected and qualified at the next regular election for Governor. "(c) In case of the temporary disability or temporary absence of the Lieutenant Governor, or during any period when the Lieutenant Governor is acting as Governor, the Governor or the Acting Governor may from time to time designate an officer or employee of the executive branch of the Government of Guam to act as Lieutenant Governor.

“(d) In case of a permanent vacancy in the Office of Lieutenant Governor, arising by reason of the death, resignation or permanent disability of the Lieutenant Governor, or because the Lieutenant Governor or Lieutenant Governorelect has succeeded to the Office of Governor, the Governor shall appoint a new Lieutenant Governor, with the advice and consent of the Legislature, to hold office for the unexpired term and until his successor shall have been duly elected and qualified at the next regular election for Lieutenant Governor.

"(e) In case of the temporary disability or temporary absence of both the Governor and the Lieutenant Governor, the powers of the Governor shall be exercised, as Acting Governor, by such person as the laws of Guam may prescribe. In case of a permanent vacancy in the offices of both the Governor and Lieutenant Governor, the Office of Governor shall be filled for the unexpired term in the manner prescribed by the laws of Guam.

"(f) No additional compensation shall be paid to any person acting as Governor or Lieutenant Governor who does not also assume the Office of Governor or Lieutenant Governor under the provisions of this Act."

SEC. 4. The first three sentences of paragraph (b) of Section 9 of the Organic Act of Guam (64 Stat. 384, 387; 48 U.S.C. 1422c) are deleted.

SEC. 5. Section 26 of the Organic Act of Guam (64 Stat. 384, 391; 48 U.S.C. 1421d), as amended, is amended to read as follows:

"SEC. 26. The salaries and travel allowances of the Governor, Lieutenant Governor, the heads of the executive departments, other officers and employees of the Government of Guam and the members of the Legislature, shall be paid by the Government of Guam at rates prescribed by the laws of Guam."

SEC. 6. Effective on the date of enactment of this Act, section 5 of the Organic Act of Guam (64 Stat. 384, 385; 48 U.S.C. 1421b), is amended by adding at the end thereof the following new subsection (u):

"(u) The provisions of paragraph 1 of section 2 of article IV and section 1 of article XIV of the Constitution of the United States shall have the same force and effect within the territory of Guam as in the United States or in any State of the United States."

SEC. 7. Effective on the date of enactment of this Act, chapter 15 of the General Military Law (70A Stat. 15, 16; 10 U.S.C. 331-334) is amended by adding at the end thereof the following new section 335:

"SEC. 335. For purposes of this chapter, 'State' includes the possession Guam.” SEC. 8. Except as to provisions applicable to the election of the Governor and Lieutenant Governor, which provisions shall take effect on the date of enactment of this Act, and unless otherwise expressly provided herein, this Act shall be effective January 5, 1967.

SEC. 9. This Act may be cited as the "Guam Elected Governor Act."

Mr. O'BRIEN. We also will have a hearing on H.R. 13294, by Mr. O'Brien, to amend the Organic Act of Guam to provide for the election of the members of the Legislature of Guam by districts.

H.R. 13298, by Mr. Craley, to amend the Organic Act of Guam in order to authorize the legislature thereof to provide by law for the election of its members from election districts.

The testimony, I believe, should be separated, and we will hear from the witnesses first on the bills relating to the popular election of the Governor of Guam.

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However, without objection, Mr. Matsunaga, a Representative in Congress from the State of Hawaii, will be permitted to insert his remarks at this point in the record.

STATEMENT OF SPARK M. Matsunaga, a Representative in Congress FROM THE STATE OF HAWAII

Mr. Chairman and members of the subcommittee, I thank you for this opportunity of appearing before you and expressing my views with respect to H.R. 11775, a bill to provide for the popular election of the Governor and Lieutenant Governor of Guam.

As you know, on May 20, 1965, I introduced a similar bill, H.R. 8322, which was subsequently replaced by an executive communication introduced by the chairman of this subcommittee. I am grateful for the subcommittee's action in considering me as a cosponsor of that legislation, H.R. 11775, which now is the subject of these hearings.

Coming as I do from a State which became a U.S. territory in the same year that Guam achieved that status in 1898, I can fully appreciate the desire of the citizens of Guam to take the important forward step in self-government that this bill provides. A brief review of Guam's political history since it became a territory reveals a continung trend toward greater self-government.

Following the conclusion of the Spanish-American War, the governing function of Guam was carried out by a naval commander-Governor, an arrangement which was consistent with the status that the United States then accorded its newly acquired territory-an important naval installation.

 civilian Governor, appointed by the President, was a logical transition from a military-type government to a civilian government. This was provided for in the Guam Organic Act of 1950, which also established other self-governing powers.

In the last 15 years, we have seen the people of Guam achieve sufficient political maturity and practice in the art of self-government to now exercise the authority for which they appear ready-the popular election of their principal executive officers.

Mr. Chairman, the experience of my own State of Hawaii has shown that there is no substitute for home rule granted as a matter of right. While Hawaii, before achieving statehood, did not go through a transitional period in which its Governor and Lieutenant Governor were elected by popular vote, I urge that such right be granted Guam. It is indeed a credit to presidential discretion that the appointive Governors of both Hawaii and Guam have been local residents who have had the best interests of their territory at heart. However, irrespective of how commendable the appointment policy has been in the past, there is still no adequate substitute for the democratic desire of the poeple of a territory for self-government. H.R. 11775 would enable the people of Guam to practice that measure of selfgovernment for which they are prepared, and gives them permanent assurance of local leadership in local affairs.

I strongly urge that H.R. 11775 be reported favorably by this subcommittee. Thank you very much.

Our first witness will be Harry R. Anderson, Assistant Secretary of the Interior for Public Land Management, and he is accompanied by Mrs. Ruth Van Cleve, Director, Office of Territories, Department of the Interior; and Hon. Manuel F. L. Guerrero, Governor of Guam. Mr. Secretary, it is good to have you here.

STATEMENT OF HON. HARRY R. ANDERSON, ASSISTANT SECRETARY OF THE DEPARTMENT OF THE INTERIOR FOR PUBLIC LAND MANAGEMENT, ACCOMPANIED BY MRS. RUTH VAN CLEVE, DIRECTOR, OFFICE OF TERRITORIES, DEPARTMENT OF THE INTERIOR

Mr. ANDERSON. Mr. Chairman and members of the committee, I am pleased to have this opportunity to appear in support of this bill to provide for an elected Governor for the Territory of Guam.

The views of the Department of the Interior, and our justification for proposing the Territory of Guam be governed by a popularly elected Governor are set out in considerable detail in our letter to the Speaker of October 11, 1965. Today, I would like to review with you, and reaffirm our belief in the merits of the proposal and the justification which prompted our submission of the proposal to the Congress.

We believe that the enactment of legislation providing for the popular election of the Governor of the territory is morally and politically correct. We believe that the people of Guam have demonstrated their political maturity, and have earned the right to select their own chief executive through the democratic process of free elections.

It seems to us inconsistent, in 1966, to say to the people of Guam, that they may elect their legislature, that they may establish an independent judiciary, that their legislature may legislate with respect to all local matters, may levy taxes and may appropriate moneys for the operation of the government, but that they must be satisfied with a federally appointed Governor.

In another time and under different circumstances an appointive Governor, first military and then civilian, was an acceptable method of overseeing the Federal interest in Guam and of providing supervision of the expenditure of directly appropriated Federal funds for the administration of the areas.

An appointive Governor also served to fill the gap during the time that there existed a substantial question as to the political, social, and economic maturity of the people and as to the availability of competent leaders in the local community capable of discharging the duties of the office of Governor. But none of these things are true today in Guam, and internal and external circumstances require that we admit this fact and move ahead toward the achievement of our often expressed goal of providing meaningful self-government for the territories. The step that we are considering today would be a giant stride in that direction and is, in fact, the keystone to further progress.

We all have spoken from time to time of various ways in which we might further the participation of the people of Guam in their government, and in the relationship of that government to the United States. None of these proposals if implemented, however, can operate to their full potential until such time as we can bring to an end the era of the federally appointed Governor and begin a fresh new era of territorial development premised, through the enactment of the bill before you, on giving to the territory of Guam a strong and significant new voice in mapping its own future.

In proposing the enactment of the "elected Governor b " before you, we have not lost sight of the fact that there are still certain Federal interests in the territory which we and you have a duty to protect. We believe that this bill contains adequate safeguards to protect those interests and to protect against gross abuse of the Executive power by an elected Chief Executive.

For all of the reasons stated in our letter referred to earlier and for the reasons I have expressed today, we urge you to give this proposal prompt favorable consideration. There are with me today persons having considerable knowledge of Guam and the details that are

involved in the Guam bill, who will answer any questions that you may have.

Thank you.

Mr. O'BRIEN. Thank you very much, Mr. Secretary.

I think that we should hear from the Governor and also Mrs. Van Cleve before we engage in any questioning, unless there are some questions at this particular moment.

Mrs. Van Cleve?

Mrs. VAN CLEVE. Mr. Chairman, I have no prepared statement. You may wish to hear next from the Governor, who does have a prepared statement.

Mr. O'BRIEN. All right.

STATEMENT OF HON. MANUEL F. L. GUERRERO, GOVERNOR OF GUAM

Governor GUERRERO. Mr. Chairman, members of the committee. it has been my privilege to serve as the appointive Governor of Guam since March 9, 1963. Before that appointment, I served as secretary of Guam, and earlier had worked in other positions in the government of Guam under both Navy and civilian administration.

Some 15 years ago, I was a member of the first Guam Legislature which took up the duties of self-government made possible by the Organic Act of Guam. It is my privilege today to appear before you to support legislation for an elective Governor of Guam, as a reasonable, worthwhile, and merited step in further self-government for our territory.

Congress responded to the wishes of the people of Guam for autonomy in passing the Organic Act of Guam. The Members of Congress put faith in the people of Guam in doing so. I believe the progress of Guam since 1950 shows that the faith of Congress was justified. I want to stress in these remarks what has happened on Guam since 1950, when the great step in self-government embodied in the organic act was given. I do so in the belief that the best evidence of the justification for further self-government lies in what Guam has accomplished under the autonomy granted it earlier by Congress.

The executive branch of civil government provided in the organic act has now grown to include 18 departments, agencies, and major facilities serving the people of Guam. The unicameral, 21-member Guam Legislature has worked with dedication to build for the territory a body of law and programs necessary to make Guam a progressive American community capable of providing for its increasing population. The judiciary, which includes both Federal and island courts, has established indelibly an effective and respected court system in the best tradition of American law.

Fifteen years ago, when these branches of a newly created civil government undertook to exercise the responsibilities of the organic act, Guam had to care for a civilian population of 27,000. Today we provide for 50,000. In its first year, the civil government of Guam had to provide public schools for 9,000 children. Today, Guam provides for 17,000 in some 30 facilities including high schools ac