H. Rept. 111-357 - AUTHORIZING THE SECRETARY OF THE INTERIOR TO EXTEND GRANTS AND OTHER ASSISTANCE TO FACILITATE A POLITICAL STATUS PUBLIC EDUCATION PROGRAM FOR THE PEOPLE OF GUAM111th Congress (2009-2010)
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111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-357
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AUTHORIZING THE SECRETARY OF THE INTERIOR TO EXTEND GRANTS AND OTHER
ASSISTANCE TO FACILITATE A POLITICAL STATUS PUBLIC EDUCATION PROGRAM
FOR THE PEOPLE OF GUAM
_______
December 7, 2009.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 3940]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 3940) to authorize the Secretary of the Interior to
extend grants and other assistance to facilitate a political
status public education program for the people of Guam, having
considered the same, report favorably thereon with amendments
and recommend that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SENSE OF CONGRESS.
Congress reaffirms that it is the responsibility of the Secretary of
the Interior to advance the economic, social, and political development
of the territories of the United States.
SEC. 2. ASSISTANCE FOR POLITICAL STATUS PUBLIC EDUCATION PROGRAMS.
(a) In General.--Section 601 of the Act entitled ``An Act to
authorize appropriations for certain insular areas of the United
States, and for other purposes'', approved December 24, 1980 (48 U.S.C.
1469d), is amended--
(1) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b) The Secretary of the Interior may extend to the governments of
American Samoa, Guam, and the United States Virgin Islands, and their
agencies and instrumentalities, assistance, including assistance in the
form of grants, research, planning assistance, studies, and agreements
with Federal agencies, to facilitate public education programs
regarding political status options for their respective territories.''.
(b) Conforming Amendment.--Section 19(a)(2)(C) of the Food Stamp Act
of 1977 (7 U.S.C. 2028(a)(2)(C)) is amended by striking ``section
601(c) of Public Law 96-597 (48 U.S.C. 1469d(c))'' and inserting
``section 601(d) of Public Law 96-597 (48 U.S.C. 1469d(d))''.
Amend the title so as to read:
A bill to amend Public Law 96-597 to clarify the
authority of the Secretary of the Interior to extend grants and
other assistance to facilitate political status public
education programs for the peoples of the non-self-governing
territories of the United States.
Purpose of the Bill
The purpose of H.R. 3940, as amended, is to amend Public
Law 96-597 to clarify the authority of the Secretary of the
Interior to extend grants and other assistance to facilitate
political status public education programs for the peoples of
the non-self-governing territories of the United States.
Background and Need for Legislation
H.R. 3940, as ordered reported, clarifies the authority of
the Secretary of the Interior to extend grants and other forms
of appropriate assistance to facilitate political status public
education programs for the peoples of the three non-self-
governing territories of the United States: Guam, American
Samoa, and the United States Virgin Islands.
The Declaration on the Granting of Independence to Colonial
Countries and Peoples, adopted by resolution of the United
Nations General Assembly on December 14, 1960, applies today to
the United States with respect to the territories of Guam,
American Samoa, and the United States Virgin Islands. Each of
these three territories is among the listed 16 territories
recognized as non-self-governing by the international community
and the United Nations. Accordingly, under Article 73 of the
United Nations Charter, the United States assumes
responsibility for ensuring that the people of Guam, American
Samoa and the United States Virgin Islands are accorded due
respect for their culture. The United States further assumes
the obligation to develop their self-government taking into
account their political aspirations, and to assist them in the
progressive development of their free political institutions.
Each of these three territories is also an ``unincorporated
territory'' of the United States because the United States
Congress has not expressly and fully applied to them all
provisions of the United States Constitution. Each of these
territories was ceded to the United States under unique
historical circumstances at different times and under terms of
separate treaties.
Guam was ceded by Spain to the United States, along with
Puerto Rico, under the terms of the Treaty of Paris that ended
the Spanish-American War in 1898. American Samoa became a
territory of the United States by deeds of cession under the
terms of the Treaty of Berlin of 1899. Congress formally
ratified the 1900 and 1904 deeds of cession retroactively in
1929. In 1917, the Virgin Islands of St. Thomas, St. John, and
St. Croix were ceded under a treaty by Demark to the United
States.
The territorial clause in Article IV of the United States
Constitution vests with the United States Congress plenary
authority over the territories, and the specific power to
dispose of and make all needful rules and regulations
respecting them. Historically Congress has exercised such
plenary authority in passing legislation affecting the
disposition of territories and the admission of territories
into the federal union. The political status of the
unincorporated territories remains a matter for the United
States Congress to ultimately resolve.
Each of the three unincorporated territories affected by
H.R. 3940 has similar but limited forms of self-government. In
the specific cases of the governments organized in Guam and the
Virgin Islands, such limited, local self-government derives its
authority from and is organized in accordance with separate
statutes enacted by the United States Congress: the Organic Act
of Guam, enacted in 1950 (48 U.S.C. 1421 et seq.), and the
Organic Act of the Virgin Islands, enacted in 1936 (48 U.S.C.
1405 et seq.) and revised in 1954 (48 U.S.C. 1541 et seq.). The
people of American Samoa, however, in the absence of an organic
act or other explicit Congressional directive on their
governance, successfully drafted and adopted their own
constitution in 1967. The Congress has periodically amended the
Organic Acts of Guam and the Virgin Islands, and also passed
laws affecting American Samoa, which are oriented toward their
political development and advancement. Each of these
territories today elects a Governor by popular election as well
as a local legislature to establish local law. Each territory
is also represented by a Delegate to Congress in accordance
with laws passed by the Congress.
Each of these territories upon their acquisition by the
United States was placed initially under the authority of the
Department of the Navy. Administrative authority and
responsibility for these territories, however, was later
transferred to the Department of the Interior by separate
executive orders: in 1931 for the Virgin Islands; 1949 for
Guam, and 1951 for American Samoa. The granting of this
authority was also codified in the Organic Acts of the Virgin
Islands and Guam. Today, the responsibility to advance the
economic, social and political development of the territories
remains with the Secretary of the Interior. Section 1 of H.R.
3940 reaffirms this responsibility, and matters affecting these
territories are handled by the Department of the Interior's
Office of Insular Affairs.
Although Congress established by law a process in 1976 for
the territories of Guam and the Virgin Islands to advance their
self-government by adoption of constitutions through local
political processes, these past attempts were unsuccessful due
in large part to uncertainty regarding the effects of such
action on the right to self-determination and ultimate
resolution of political status.
Beginning in the 1980s, interest in the territories in the
issue of their political status prompted the establishment of
local commissions to facilitate evaluation of various status
options and a process by which their people could freely
express their desires on the status question. These efforts
followed the establishment of the Commonwealth of the Northern
Mariana Islands, a former Trust Territory of the Pacific
Islands for which the United States was trustee, by a
negotiated Covenant approved by the Congress in 1976. The
United States Government assisted the people of the Northern
Marianas and the other former trust territories in resolving
their status and in structuring and conducting status education
and plebiscites.
In 1980 both the governments of Guam and the Virgin Islands
established local commissions to work on improving and
resolving the political status of their respective territories.
After a plebiscite in Guam was held in 1982, and consistent
with its outcome, local leaders of Guam pursued the drafting
and the subsequent enactment by the Congress of the Guam
Commonwealth Act. The drafted legislation was approved by the
people of Guam in two separate referendums held in 1987 and
introduced in six consecutive Congresses (the 100th through the
105th Congresses). A legislative hearing by the Committee on
Resources of the 105th Congress was held on the Guam
Commonwealth Act on October 29, 1997, but no further
legislative action was taken.
Because the aspirations of the people of Guam to improve
their political status through the enactment of the Guam
Commonwealth Act were not realized despite the efforts made by
Guam's representatives, the Administration and the Congress, a
new local commission was established on Guam in 1997 to work
toward the holding of a new plebiscite to allow the people of
Guam to express their opinion on status between three options:
independence, free association with the United States, and
statehood. Such a plebiscite necessitates a public education
program to explain the options and help voters prepare to make
an informed decision. Today, the Guam Commission on
Decolonization, established under the laws of the Government of
Guam, is charged with preparing for the plebiscite.
In the Virgin Islands, a referendum was held in 1993 on the
question of status in which roughly 31 percent of eligible
voters participated. Because participation was below the 50
percent plus one required by local law, the Virgin Islands
Commission on Status and Federal Relations was disbanded on
December 31, 1993.
With regards to American Samoa, the Congress has considered
legislation introduced in the past to establish a federally-
appointed commission to study and report on all factors that
led to the territory's historical and present political status
and relationship with the United States, and to make
recommendations about status as it would determine appropriate.
Committee Action
H.R. 3940 was introduced on October 27, 2009, by
Subcommittee on Insular Affairs, Oceans and Wildlife Chairwoman
Madeleine Z. Bordallo (D-GU). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Insular Affairs, Oceans and Wildlife. On
November 5, 2009, the Subcommittee held a hearing on the bill.
The Director of the Office of Insular Affairs at the Department
of the Interior testified that the Department has no objection
to enactment of H.R. 3940 and also emphasized the Department
recognizes the importance of a public education program to the
people of the territories when political status is under
consideration. The Governor of Guam also testified in support
of H.R. 3940.
On November 18, 2009, the Subcommittee was discharged from
further consideration of H.R. 3940 and the full Natural
Resources Committee met to consider the bill. Subcommittee
Chairwoman Bordallo offered an amendment in the nature of a
substitute making technical and conforming changes to the bill,
and making the territories of American Samoa and the Virgin
Islands also eligible for assistance under the bill. The
amendment was adopted by unanimous consent. The bill, as
amended, was then ordered favorably reported to the House of
Representatives by unanimous consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Constitutional Authority Statement
Article IV, section 3 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to amend Public
Law 96-597 to clarify the authority of the Secretary of the
Interior to extend grants and other assistance to facilitate
political status public education programs for the peoples of
the non-self-governing territories of the United States.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 3940--A bill to amend Public Law 96-597 to clarify the authority
of the Secretary of the Interior to extend grants and other
assistance to facilitate political status public education
programs for the peoples of the non-self-governing territories
of the United States
H.R. 3940 would authorize the Department of the Interior
(DOI) to provide assistance to some U.S. insular areas (Guam,
American Samoa, and the U.S. Virgin Islands) in implementing
programs to educate their citizens about options for the
political status of those areas--including, but not limited to
statehood, free association, independence, or maintaining the
status quo. Currently, those areas are territories of the
United States. Based on information from DOI and the costs of
similar programs, CBO estimates that implementing such public
education programs would cost the federal government about $2
million over the 2010-2014 period, subject to the availability
of appropriated funds. Enacting the bill would not affect
direct spending or revenues.
The legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
and would impose no costs on state, local, or tribal
governments.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 3940 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Preemption of State, Local, or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 601 OF THE ACT OF DECEMBER 24, 1980
An Act to authorize appropriations for certain insular areas of the
United States, and for other purposes.
Sec. 601. General Technical Assistance.--(a) * * *
(b) The Secretary of the Interior may extend to the
governments of American Samoa, Guam, and the United States
Virgin Islands, and their agencies and instrumentalities,
assistance, including assistance in the form of grants,
research, planning assistance, studies, and agreements with
Federal agencies, to facilitate public education programs
regarding political status options for their respective
territories.
[(b)] (c) The Secretary of the Interior is further authorized
to provide technical assistance to, and maintenance of
agricultural plantings and physical facilities for, the peoples
from Enewetak Atoll and Bikini Atoll, as well as for the
purchase of food and equipment and for the transportation of
such food, equipment and persons as he deems necessary and
appropriate until such areas produce sufficient food to fully
sustain the residents after resettlement. This provision shall
not cease to be applicable either before or after the
termination of the trusteeship without the express approval of
the United States Congress.
[(c)] (d) The Secretary of Agriculture is authorized to
extend, in his discretion, programs administered by the
Department of Agriculture to Guam, the Northern Mariana
Islands, the Trust Territory of the Pacific IsIands, the Virgin
Islands, and American Samoa (hereinafter called the
territories). Notwithstanding any other provision of law, the
Secretary of Agriculture is authorized to waive or modify any
statutory requirements relating to the provision of assistance
under such programs when he deems it necessary in order to
adapt the programs to the needs of the respective territory:
Provided, That not less than sixty days prior to extending any
program pursuant to this section or waiving or modifying any
statutory requirement pursuant to this section, the Secretary
of Agriculture shall notify the Committee on Agriculture and
the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources and the Committee on Agriculture, Nutrition, and
Forestry of the Senate of his proposed action together with an
explanation of why his action is necessary and the anticipated
benefits to each territory affected. Such programs shall be
carried out in cooperation with the respective governments of
the territories and shall be covered by a memorandum of
understanding between the respective territorial government and
the Department of Agriculture. Any sums appropriated pursuant
to this paragraph shall be allocated to the agencies of the
Department of Agriculture concerned with the administration of
programs in the territories.
[(d)] (e) Effective October 1, 1981, there are authorized to
be appropriated such sums as may be necessary to carry out the
purposes of this section.
----------
FOOD STAMP ACT OF 1977
* * * * * * *
SEC. 19. CONSOLIDATED BLOCK GRANTS FOR PUERTO RICO AND AMERICAN SAMOA.
(a) Payments to Governmental Entities.--
(1) * * *
(2) Block grants.--
(A) * * *
* * * * * * *
(C) Payments to american samoa.--For fiscal
year 2003 and each fiscal year thereafter, the
Secretary shall use 0.4 percent of the funds
made available under subparagraph (A) for
payment to American Samoa to pay 100 percent of
the expenditures by American Samoa for a
nutrition assistance program extended under
[section 601(c) of Public Law 96-597 (48 U.S.C.
1469d(c))] section 601(d) of Public Law 96-597
(48 U.S.C. 1469d(d)).
* * * * * * *
