I

104TH CONGRESS

1ST SESSION H. R. 1056

To establish the Commonwealth of Guam, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 24, 1995

Mr. UNDERWOOD (for himself, Mr. ABERCROMBIE, Mr. BECERRA, Mr.

BONIOR, Mr. CLAY, Mrs. CLAYTON, Mr. DE LA GARZA, Mr. DELLUMS,

Mr. EVANS, Mr. FALEOMAVAEGA, Mr. FARR, Mr. FILNER, Mr. FRANK

of Massachusetts, Mr. FRAZER, Mr. GONZALEZ, Mr. GENE GREEN of

Texas, Mr. HASTINGS of Florida, Mr. HINCHEY, Mr. HOLDEN, Mr. JEFFERSON, Mr. KENNEDY of Massachusetts, Mr. LAFALCE, Mr. LEWIS of

Georgia, Mr. MARTINEZ, Ms. MCKINNEY, Mrs. MEEK of Florida, Mr. MINETA, Mrs. MINK of Hawaii, Mr. MONTGOMERY, Mr. NADLER, Ms. NORTON, Mr. PASTOR, Mr. PAXON, Mr. RAHALL, Mr. RICHARDSON, Mr. ROMERO-BARCELO ́, Mr. SERRANO, Mr. TORRES, Mr. TOWNS, Mr. TUCKER,

Ms. VELA ́SQUEZ, and Mr. YATES) introduced the following bill; which was

referred to the Committee on Resources and, in addition, to the Committee on Ways and Means, for a period to be subsequently determined by

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To establish the Commonwealth of Guam, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Guam Commonwealth

3 Act’’.

4 SEC. 2. PREAMBLE.

5 (a) In recognition of the long-cherished aspiration of

6 the people of Guam to direct the course of their own des7 tiny, and with the belief that mutual respect, understand8 ing, and compromise among people form a more perfect

9 Union, the people of the United States of America, nur10 tured in the ideals of liberty and democracy, conscious of

11 their obligations under the Treaty of Paris of 1899 and

12 the Charter of the United Nations, do hereby embrace the

13 establishment of the Commonwealth of Guam, ever mind14 ful that the right of self-determination and the heritage

15 of the Chamorro people of Guam shall be protected.

16 (b) This Act reflects the will of the people of Guam

17 to attain a greater measure of self-government in concert

18 with the United States of America, and reaffirms the prin19 ciple that governments derive their just powers only from

20 the consent of the governed.

21 (c) To this end, the Senate and House of Representa22 tives of the United States of America in Congress assem23 bled, now adopt this Act.
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1 TITLE I—POLITICAL

2 RELATIONSHIP

3 SEC. 101. CREATION OF THE COMMONWEALTH AND FULL

4 SELF-GOVERNMENT.

5 (a) The Island of Guam, and its adjacent islands and

6 waters shall upon the enactment of this Act become a self7 governing Commonwealth known as the ‘‘Commonwealth

8 of Guam’’. This Act, the provisions of the United States

9 Constitution, treaties, and laws of the United States appli10 cable to Guam, and the Constitution of Guam shall be the

11 supreme law of the Commonwealth.

12 (b) The people of Guam shall have the right of full

13 self-government, which shall extend to all rightful subjects

14 of government not inconsistent with this Act and the laws

15 of the United States applicable to Guam, and shall govern

16 themselves in accordance with this Act through a Con17 stitution of their own adoption. Such Constitution shall—

18 (1) recognize, and be consistent with, the sov19 ereignty of the United States over Guam, and the

20 supremacy of the provisions of the Constitution,

21 treaties, and laws of the United States applicable to

22 Guam;

23 (2) provide for a republican form of govern24 ment;
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1 (3) provide for three branches of government;

2 and

3 (4) contain a bill of rights.

4 (c) The Government of the Commonwealth shall have

5 the power to sue in its own name, and, with the consent

6 of the Legislature, may be sued upon any contract entered

7 into with respect to, or any tort committed incident to,

8 the exercise by the Government of the Commonwealth of

9 Guam or any of its lawful powers.

10 (d) The Government of the Commonwealth of Guam

11 shall have the power to establish, maintain, and operate

12 a public educational system to the same extent as the

13 several States.

14 SEC. 102. SELF-DETERMINATION AND UNITED STATES CITI15 ZENSHIP RIGHTS.

16 (a) The Congress recognizes the inalienable right of

17 self-determination of the indigenous Chamorro people of

18 Guam, defined as all those born on Guam before August

19 1, 1950, and their descendants. The exercise of such right

20 of self-determination shall be provided for in a Constitu21 tion of the Commonwealth of Guam.

22 (b) The Government of Guam shall ensure that, not23 withstanding the provisions of the preceding paragraph,

24 nothing herein shall be interpreted as depriving any quali25 fied resident of Guam of the right to participate as a voter
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1 in any referendum or plebiscite held under the ratification

2 procedure for this Act set forth in section 1204 hereof.

3 (c) The United States Government shall, by means

4 of additional federally funded programs, and the Common5 wealth of Guam may promote—

6 (1) the maintenance and preservation of the

7 Chamorro language, culture, and traditions;

8 (2) the enhancement of economic, social, and

9 educational opportunities for Chamorros; and

10 (3) training of Chamorros for employment as

11 professionals, skilled workers, and leaders in busi12 ness and industry.

13 (d) The establishment of such additional programs

14 shall not affect the continued eligibility for the benefits

15 of existing programs of members of all minority groups

16 presently qualifying for such programs under current law.

17 (e) Nothing in this Act or in the Constitution of the

18 Commonwealth of Guam shall impair the United States

19 citizenship of the residents of Guam or their descendants,

20 or the entitlement of legally admitted aliens permanently

21 residing in Guam, to the respective rights and privileges

22 accorded to each such class of persons under the first sen23 tence of the fourteenth amendment of the United States

24 Constitution.
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1 (f) Notwithstanding any other provisions of law or

2 of this Act, the Commonwealth of Guam shall establish

3 a trust to be known as the ‘‘Chamorro Land Trust’’ for

4 the benefit of the indigenous Chamorro people of Guam

5 and composed of certain lands returned by the United

6 States before and after the effective date of this Act to

7 the Commonwealth of Guam. Nothing in this section shall

8 inhibit or prevent the direct return of lands to the original

9 owners, or the establishment of leasehold arrangements

10 with them, by the Government of the Commonwealth of

11 Guam.

12 (g) The Constitution of the Commonwealth of Guam

13 shall establish reasonable residency requirements for the

14 citizens of such Commonwealth for the purposes of the

15 right to vote in Commonwealth elections or to hold any

16 elective office established by the Constitution of Guam.

17 SEC. 103. MUTUAL CONSENT.

18 In order to respect the self-government granted to the

19 Commonwealth of Guam under this Act, the United States

20 agrees to limit the exercise of its authority so that the

21 provisions of this Act may be modified only with the mu22 tual consent of the Government of the United States and

23 the Government of the Commonwealth of Guam.
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1 TITLE II—APPLICABILITY OF

2 FEDERAL LAW

3 SEC. 201. APPLICABILITY OF UNITED STATES CONSTITU4 TION.

5 Those portions of the United States Constitution

6 which apply to Guam on the effective date of this Act

7 shall, unless specifically modified by this Act, continue to

8 apply under this Act. In addition, the following provisions

9 of and amendments to the Constitution of the United

10 States shall apply to the Commonwealth of Guam and

11 shall have the same force and effect in Guam as in the

12 United States or in any State of the United States: Article

13 IV, section 2, clause 2 and section 4; the tenth amend14 ment, and the first sentence of the fourteenth amendment.

15 SEC. 202. EFFECT OF FEDERAL LAW.

16 Except as otherwise intended by this Act, no Federal

17 laws, rules or regulations passed after the date of this Act

18 shall apply to the Commonwealth of Guam unless mutu19 ally consented to by the United States and the Govern20 ment of the Commonwealth of Guam.

21 SEC. 203. JOINT COMMISSION.

22 (a)(1) There is hereby created a Joint Commission

23 on the Applicability of Federal Law (hereinafter referred

24 to as the ‘‘Commission’’) to be composed of 7 members:

25 3 members and their successors appointed by the Presi-
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1 dent of the United States and 4 members and their succes2 sors appointed by the Governor with the advice and con3 sent of the legislature of the Commonwealth of Guam. The

4 appointees by the Government of Guam shall be citizens

5 of the Commonwealth of Guam who are or have been 10

6 years continuously resident on Guam at the time of their

7 appointment. Said appointees shall serve at the pleasure

8 of the President of the United States and the Governor

9 of the Commonwealth of Guam, respectively. Any vacancy

10 which may occur on the Commission shall not affect its

11 powers or functions but shall be filled in the same manner

12 in which the original appointment was made. Appoint13 ments shall be made within 60 days after the effective date

14 of this Act.

15 (2) The Commission shall adopt its own internal reg16 ulations to govern its procedures and may delegate author17 ity on particular issues to some of its members.

18 (3) A majority of the Commission shall constitute a

19 quorum for the transaction of its business. The Commis20 sion may provide for the taking of testimony, discussion

21 of issues with members of the Federal Government or

22 Government of Guam, and the reception of evidence at

23 meetings at which there are present not less than three

24 members of the Commission. The Chairman of the Com25 mission shall call a meeting to organize the Commission
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1 within 30 days after he and a majority of the members

2 of the Commission have been appointed.

3 (b) The Commission shall—

4 (1) be used for regular consultations between

5 the Government of the United States and the Gov6 ernment of the Commonwealth of Guam on all mat7 ters affecting the relationship between them;

8 (2) study existing statutes and regulations af9 fecting the relationship between Guam and the Unit10 ed States;

11 (3) review the policies and procedures of the

12 Federal agencies as such policies and procedures re13 late to the relationship between Guam and the

14 United States;

15 (4) compile data as may be necessary for the

16 conduct of the Commission’s work or for the imple17 mentation of this Act;

18 (5) draft such modifications in existing laws,

19 regulations, policies, and procedures as will, in the

20 judgment of the Commission, best serve to carry out

21 the purposes of the Commission or this Act;

22 (6) obtain, if possible, the modification of these

23 laws, regulations, and procedures by negotiation and

24 mediation, such as issues concerning land claims and

25 war claims by the people of Guam; and
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1 (7) seek to obtain the maximum economic de2 velopment and political autonomy for the Common3 wealth of Guam without impairing United States

4 national security interests.

5 The heads of Federal departments and agencies are au6 thorized and directed to furnish whatever assistance is re7 quested by the Commission, without reimbursement, ex8 cept classified information directly related to national

9 security interests.

10 (c) The Commission is authorized to appoint and fix

11 the compensation of an Executive Secretary and such

12 other additional personnel as may be necessary to enable

13 the Commission to carry out its functions without regard

14 to the Federal Property and Administrative Services Act

15 of 1949 and civil service laws, rules, and regulations, but

16 any Federal employee subject to those laws, rules, and reg17 ulations, who may be detailed to the Commission (which

18 detail is hereby authorized) shall retain his civil service

19 status without interruption or loss of status or privilege.

20 In addition, the Commission may enter into contracts in

21 order to carry out its mandate.

22 (d) The United States will bear the cost of the work

23 of the Commission.
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1 SEC. 204. DELEGATION OF AUTHORITY.

2 The Congress hereby authorizes the President or his

3 designee to delegate to the Governor of Guam total or par4 tial performance of functions now vested in administrative

5 agencies in the Federal Government. The President or his

6 designee and the Governor of Guam shall consult from

7 time to time on the implementation of this provision.

8 TITLE III—FOREIGN AFFAIRS

9 AND DEFENSE

10 SEC. 301. UNITED STATES AUTHORITY.

11 The United States shall have responsibility for an au12 thority with respect to matters relating to foreign affairs

13 and defense that affect the Commonwealth of Guam.

14 SEC. 302. CONSULTATION WITH GUAM.

15 (a) The United States agrees to consult with the

16 Commonwealth of Guam in advance of negotiations to17 ward any treaties or international agreements, including

18 Executive Agreements, which affect the well-being of the

19 people of Guam.

20 (b) No military security zones shall be established

21 and no foreign military personnel shall be stationed on the

22 Island of Guam without approval of the Government of

23 the Commonwealth except in time of declared war, and

24 no military bases will be established without consultation

25 with the Governor of the Commonwealth of Guam.
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1 (c) The United States shall consult with the Govern2 ment of the Commonwealth of Guam with respect to any

3 proposed plan to increase or decrease Department of

4 Defense activities within the Commonwealth.

5 SEC. 303. UNITED STATES CONSULAR AND TRADE

6 ASSISTANCE.

7 (a)(1) The United States shall assist and facilitate

8 the establishment by Guam of offices in the United States

9 and abroad.

10 (2) The United States shall assist the Commonwealth

11 of Guam to become a member or participate in appro12 priate regional and other international organizations to in13 clude, but not be limited to, the South Pacific Forum, the

14 regional organizations of the United Nations Specialized

15 agencies, and the Asian Development Bank. Under such

16 authority Guam shall be free to accept and grant financial

17 and technical assistance, to enter into bilateral and multi18 lateral agreements to promote joint ventures private and

19 public, exchange programs, and to become a party to all

20 agreements between and among foreign entities involving

21 regional and subregional affairs. The Commonwealth may

22 enter into agreements with sovereign states, and the politi23 cal entities resulting from the Trust Territory of the Pa24 cific Islands, relative to reciprocal trade and tax questions

25 and their application to the respective jurisdictions.
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1 (b) The Government of the United States shall seek

2 to obtain from foreign countries favorable treatment for

3 exports from the Commonwealth of Guam and will encour4 age other countries to consider the Commonwealth of

5 Guam a developing territory.

6 SEC. 304. NUCLEAR WASTE.

7 (a) The United States shall not utilize the water sur8 rounding the Commonwealth of Guam or the island for

9 dumping or storage of nuclear waste.

10 (b) The United States shall clean up and make safe

11 for human habitation all chemical waste dump sites used

12 by the military in the past and at present, and shall not,

13 at any time, use the island and the surrounding waters

14 of Guam as a depository for hazardous chemicals in the

15 future.

16 (c) The United States shall compensate, in a manner

17 to be decided by the District Court of Guam, any person

18 injured as a result of chemical, nuclear, or other hazard19 ous materials stored, used, or disposed of by agencies of

20 the United States Government in the Commonwealth of

21 Guam or its surrounding waters.
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1 TITLE IV—COURTS

2 SEC. 401. JUDICIAL RELATIONSHIP OF GUAM TO THE UNIT3 ED STATES.

4 The relations between the courts established by the

5 Constitution or laws of the United States and the local

6 courts of Guam with respect to appeals, certiorari, removal

7 of causes, the issuance of writs of habeas corpus, and

8 other matters or proceedings shall be governed by the laws

9 of the United States pertaining to the relations between

10 the courts of the United States, including the Supreme

11 Court of the United States, and the courts of the several

12 States in such matters and proceedings.

13 SEC. 402. JURISDICTION OF DISTRICT COURT.

14 (a) The District Court of Guam established by sec15 tion 22 of the Organic Act of Guam, as amended, is con16 tinued by this Act as the ‘‘District Court of Guam’’.

17 (b) The District Court of Guam shall have the juris18 diction of a district court of the United States, including,

19 but not limited to, the diversity jurisdiction provided for

20 in section 1332 of title 28, United States Code, and that

21 of a bankruptcy court of the United States.

22 SEC. 403. APPLICABLE DISTRICT COURT RULES.

23 Where appropriate, the provisions of part II of title

24 18 and of title 28, United States Code, and notwithstand25 ing the provision in rule 54(a), Federal Rules of Criminal
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1 Procedure, relating to the prosecution of criminal offenses

2 on Guam by information, the rules of practice and proce3 dure heretofore or hereafter promulgated and made effec4 tive by the Congress or the Supreme Court of the United

5 States pursuant to titles 11, 18, and 28, United States

6 Code, shall apply to the District Court of Guam and ap7 peals therefrom; except that the terms, ‘‘Attorney for the

8 government’’ and ‘‘United States Attorney’’, as used in

9 the Federal Rules of Criminal Procedure, Federal Rules

10 of Civil Procedure and Federal Rules of Appellate Proce11 dure shall, when applicable to cases arising under the laws

12 of Guam, including the Guam Commonwealth income tax,

13 mean the Attorney General of Guam or such other person

14 or persons as may be authorized by the laws of Guam to

15 act therein.

16 SEC. 404. DISTRICT COURT JUDGE, UNITED STATES ATTOR17 NEY, MARSHAL.

18 (a) The President shall appoint, by and with the ad19 vice and consent of the Senate, a judge for the District

20 Court of Guam who shall hold office for the term of 10

21 years and until his successor is chosen and qualified unless

22 sooner removed by the President for cause. The judge

23 shall receive a salary payable by the United States which

24 shall be at the rate prescribed for judges of the United

25 States district courts. The chief judge of the Ninth Judi-
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1 cial Circuit of the United States may assign a judge of

2 a local court of record, a judge of the High Court of the

3 Trust Territory of the Pacific Islands, a circuit or district

4 judge of the Ninth Circuit, or a recalled senior judge of

5 the District Court of Guam or of the District Court for

6 the Northern Mariana Islands, and the Chief Justice of

7 the United States may assign any other United States cir8 cuit or district judge with the consent of the judge so as9 signed and of the chief judge of his circuit, to serve tempo10 rarily as a judge in the District Court of Guam whenever

11 it is made to appear that such an assignment is necessary

12 for the proper dispatch of the business of the court.

13 (b) The President shall appoint, by and with the ad14 vice and consent of the Senate, a United States attorney

15 and United States marshal for Guam to whose offices the

16 provisions of chapters 31 and 33 of title 28, United States

17 Code, respectively, shall apply.

18 (c) The judge of the District Court of Guam and the

19 United States attorney and marshal serving on the effec20 tive date of this section shall continue to hold their posi21 tions under this Act until the expiration of their current

22 terms of office.
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1 TITLE V—TRADE

2 SEC. 501. GUAM-UNITED STATES FREE TRADE AREA.

3 (a) The Commonwealth of Guam will remain outside

4 the customs territory of the United States, and no duty,

5 tariff, or quota restrictions shall be imposed or collected

6 by the United States. Economic, trade, and commercial

7 relationships between the United States and the Common8 wealth of Guam shall be conducted within the framework

9 of the free trade area between the United States and the

10 Commonwealth of Guam as established by subsection (b).

11 (b) The Commonwealth of Guam shall not impose du12 ties, quotas, or other restrictions on products of the Unit13 ed States imported into Guam, nor shall the United States

14 impose duties, quotas, or other restrictions on ‘‘products

15 of Guam’’ imported into the United States, nor shall the

16 United States treat products of Guam as having origi17 nated in any other country.

18 (c) The term ‘‘products of Guam’’ shall mean articles

19 that contain at least 30 percent value added in Guam.

20 Value added includes—

21 (1) all actual labor costs involved in the growth,

22 production, manufacture, or assembly of the specific

23 merchandise, including fringe benefits, on-the-job

24 training, and the cost of engineering supervisory,

25 quality control, and similar personnel;
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1 (2) dies, molds, tooling, and depreciation on

2 machinery and equipment which are allocable to the

3 specific merchandise; and

4 (3) research, development, design, engineering,

5 and blueprint costs insofar as they are allocable to

6 the specific merchandise; and costs of inspecting and

7 testing the specific merchandise.

8 (d) The Commonwealth of Guam may impose, in9 crease, reduce, or eliminate duties and other restrictions—

10 (1) on products that originate in any area out11 side the customs territory of the United States and

12 that are imported into Guam; and

13 (2) on exports from Guam, whether or not

14 products of Guam.

15 (e) The Governor of Guam shall make a certificate

16 that the origin of the products as defined in subsection

17 (c) above is the Commonwealth of Guam pursuant to the

18 provisions of this Act. An agent of the United States Cus19 toms Service stationed on Guam shall then perform such

20 customs inspections as are necessary for compliance with

21 this Act and the appropriate laws of the United States.

22 Upon completion of such inspections such products shall

23 enter the United States without further inspection by the

24 United States Customs Service.
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1 (f) Nothing herein contained shall be construed to

2 have any effect on any obligations or benefits accruing to

3 the Commonwealth of Guam or the United States under

4 the Generalized System of Preferences.

5 (g) Except as provided for in subsection (b) above

6 the Trade and Development Act of 1974 shall continue

7 to apply to the Commonwealth of Guam.

8 TITLE VI—TAXATION

9 SEC. 601. MIRROR IMAGE TAX.

10 (a) The income tax laws in force in the United States

11 of America and those which may hereafter be enacted shall

12 be held to be likewise in force in Guam.

13 (b) The income tax laws in force in Guam pursuant

14 to subsection (a) of this section shall be deemed to impose

15 a separate Commonwealth income tax, payable to the Gov16 ernment of Guam, which tax is designated the ‘‘Guam

17 Commonwealth Income Tax’’.

18 (c) The administration and enforcement of the Guam

19 Commonwealth Income Tax shall be performed pursuant

20 to the laws of Guam. Any function needful to the adminis21 tration and enforcement of the income tax laws in force

22 in Guam pursuant to subsection (a) of this section shall

23 be performed by any duly authorized officer or employee

24 of the Government of Guam.
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1 (d)(1) The income tax laws in force in Guam pursu2 ant to subsection (a) of this section include, but are not

3 limited to, the following provisions of the Internal Revenue

4 Code of 1954, where not manifestly inapplicable or incom5 patible with the intent of this section: Subtitle A (not in6 cluding chapter 2 and section 931); chapters 24 and 25

7 of subtitle C, with reference to the collection of income

8 tax at source on wages; and all provisions of subtitle F

9 which apply to the income tax, including provisions as to

10 crimes, other offenses and forfeitures contained in chapter

11 75. For the period after 1950 and prior to the effective

12 date of the repeal of any provision of the Internal Revenue

13 Code of 1939 which corresponds to one or more of those

14 provisions of the Internal Revenue Code of 1954 which

15 are included in the income tax laws in force in Guam pur16 suant to subsection (a) of this section, such income tax

17 laws include, but are not limited to, such provisions of the

18 Internal Revenue Code of 1939.

19 (2) The Governor or his delegate or other official duly

20 authorized to act under the laws of Guam shall have the

21 same administrative and enforcement powers and rem22 edies with regard to the Commonwealth of Guam Income

23 Tax as the Secretary of the Treasury and other United

24 States officials of the executive branch have with respect

25 to the United States income tax. Rules and regulations
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1 required for enforcement of the Commonwealth of Guam

2 income tax shall be prescribed pursuant to the laws of

3 Guam. The Governor or his delegate or other official duly

4 authorized to act under the laws of Guam shall have au5 thority to issue, from time to time, in whole or in part,

6 the text of the income tax laws in force in Guam pursuant

7 to subsection (a) of this section.

8 (e) In applying as the Commonwealth of Guam In9 come Tax the income tax laws in force in Guam pursuant

10 to subsection (a) of this section, except where it is mani11 festly otherwise required, the applicable provisions of the

12 Internal Revenue Code of 1954 and 1939 shall be read

13 so as to substitute ‘‘Guam’’ for ‘‘United States,’’ ‘‘Gov14 ernor or his delegate or other official duly authorized to

15 act under the laws of Guam’’ for ‘‘Secretary or his dele16 gate,’’ ‘‘Governor or his delegate or other official duly au17 thorized to act under the laws of Guam’’ for ‘‘Commis18 sioner of Internal Revenue’’ and ‘‘Collector of Internal

19 Revenue’’ for ‘‘Collector of Internal Revenue,’’ ‘‘District

20 Court of Guam’’ for ‘‘District Court’’ and with other

21 changes in nomenclature and other language, including

22 the omission of inapplicable language, where necessary to

23 effect the intent of this section.
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1 SEC. 602. ENFORCEMENT INSTITUTIONS.

2 (a) Any act or failure to act with respect to the Guam

3 Commonwealth Income Tax which constitutes a criminal

4 offense under Chapter 75 of Subtitle F of the Internal

5 Revenue Code of 1986, or the corresponding provisions of

6 the Internal Revenue Code of 1939, as included in the in7 come tax laws in force in Guam pursuant to this section,

8 shall be an offense against the Government of Guam and

9 may be prosecuted in the name of the Government of

10 Guam by the appropriate officers thereof.

11 (b) The Government of Guam shall have a lien with

12 respect to the Guam Commonwealth Income Tax in the

13 same manner and with the same effect and subject to the

14 same conditions, as the United States has a lien with re15 spect to the United States income tax. Such lien in respect

16 of the Guam Commonwealth Income Tax shall be enforce17 able in the name of and by the Government of Guam.

18 Where filing of a notice of lien is prescribed by the income

19 tax laws in force in Guam pursuant to subsection (a) of

20 this section, such notice shall be filed in the Office of the

21 Clerk of the District Court of Guam or such other court

22 as the Guam Legislature may provide.

23 (c)(1) The District Court of Guam shall have exclu24 sive original jurisdiction over all judicial proceedings in

25 Guam, both criminal and civil, regardless of the degree
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1 of the offense or of the amount involved, with respect to

2 the Guam Commonwealth Income Tax.

3 (2) Suits for the recovery of any Guam Common4 wealth Income Tax alleged to have been erroneously or

5 illegally assessed or collected, or of any penalty claimed

6 to have been collected without authority, or of any sum

7 alleged to have been excessive or in any manner wrongfully

8 collected, under the income tax laws in force in Guam,

9 pursuant to subsection (a) of this section, may, regardless

10 of the amount of claim, be maintained against the Govern11 ment of Guam subject to the same statutory requirements

12 as are applicable to suits for the recovery of such amounts

13 maintained against the United States in the United States

14 District Court of Guam with respect to the United States

15 income tax. When any judgment against the Government

16 of Guam under this paragraph has become final, the Gov17 ernor shall order the payment of such judgments out of

18 any unencumbered funds in the Treasury of Guam.

19 (3) Execution shall not issue against the Governor

20 or any officer or employee of the Government of Guam

21 on a final judgment in any proceeding against him for any

22 acts or for the recovery of money exacted by or paid to

23 him and subsequently paid into the Treasury of Guam,

24 in performing his official duties under the income tax laws

25 in force in Guam pursuant to subsection (a) of this sec-
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1 tion, if the court certifies that probable cause existed, or

2 such officer or employee acted under the direction of the

3 Governor or his delegate or other official duly authorized

4 to act under the laws of Guam. When such certificate has

5 been issued, the Governor shall order the payment of such

6 judgment out of any unencumbered funds in the Treasury

7 of Guam.

8 (4) A civil action for the collection of the Guam Com9 monwealth Income Tax, together with fines, penalties, and

10 forfeitures, or for the recovery of any erroneous refund

11 of such tax, may be brought in the name of and by the

12 Government of Guam in the District Court of Guam or

13 in any district court of the United States or in any court

14 having the jurisdiction of a district court of the United

15 States.

16 (5) The jurisdiction conferred upon the District

17 Court of Guam by this subsection may be subject to trans18 fer to any local court by the Legislature of Guam.

19 SEC. 603. REBATE OF TAXES.

20 The Government of the Commonwealth of Guam may

21 by local law provide for the rebate or reduction of any

22 taxes received by it in order to assist new industries com23 ing to Guam or to assist Guam’s economic development.
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1 SEC. 604. GUAM INCOME TAX AUTHORITY.

2 (a) The Commonwealth of Guam shall have the power

3 to determine under the laws of Guam the nature and

4 amount of taxes imposed upon the income and property

5 of persons within its jurisdiction, from whatever source

6 derived.

7 (b) The income tax established in section 601 of this

8 Act shall be repealed one year following certification by

9 the Chief Executive of Guam that Guam has enacted into

10 law a comprehensive local income tax to replace that set

11 forth in section 601. Upon this repeal the income tax laws

12 of the United States, except for chapters 2 and 21 of the

13 Internal Revenue Code of 1954, shall not be applicable

14 to Guam or to the persons within the jurisdiction of Guam

15 who have met their tax obligations imposed by the laws

16 of Guam.

17 SEC. 605. BONDS TAX EXEMPTION.

18 All bonds or other obligations issued by the Common19 wealth of Guam or by its authority shall be exempt, as

20 to principal and interest, from taxation by the Government

21 of the United States, or by any State or Territory or any

22 political subdivision thereof, or by the District of

23 Columbia.
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1 TITLE VII—IMMIGRATION

2 SEC. 701. GUAM IMMIGRATION AUTHORITY.

3 (a) The Congress recognizes that Guam is a small

4 and densely populated insular commonwealth with limited

5 infrastructure and resources, that it is that portion of the

6 United States which is in closest proximity to nations of

7 Asia and the Pacific which supply a large proportion of

8 the immigrants coming to the United States, that signifi9 cant numbers of such immigrants have in recent years

10 chosen to make Guam their home, and that the admission

11 of substantial additional numbers of immigrants to Guam

12 threatens to produce a severe impact on the limited infra13 structure, health, education, housing, and other services

14 available in Guam. Congress therefore further recognizes

15 that there is a necessary and compelling need henceforth

16 to limit the number of persons permitted to immigrate to

17 Guam, and therefore the Commonwealth of Guam shall

18 have the authority to control entry of all aliens into the

19 Commonwealth of Guam to include the admission, exclu20 sion, and expulsion of such aliens.

21 (b) The Immigration and Nationality Act, and Fed22 eral regulations applicable thereto, shall remain applicable

23 to Guam for 2 years from enactment of this Act. The

24 Commonwealth of Guam shall, within the 2-year period

25 of this subsection, enact a comprehensive law on immigra-
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1 tion for Guam, such law to become effective at the end

2 of the said 2-year period. Enactment of local law by the

3 Legislature of Guam under this authority, and the actions

4 of the Commonwealth of Guam pursuant to such authority

5 shall be duly coordinated with the Immigration and Na6 tionality Service, the Department of Labor, and the

7 Department of State.

8 (c)(1) Such actions by the Commonwealth of Guam

9 shall not impair the free movement of United States citi10 zens to and from Guam.

11 (2) Such authority shall not include naturalization of

12 aliens for United States citizenship.

13 (3) The Governor of Guam shall continue to have the

14 authority to issue United States passports within existing

15 regulations.

16 (4) Entry of aliens into Guam under the authority

17 of subsection (a) above, shall not affect, either favorably

18 or unfavorably, an alien’s entry to any other part of the

19 United States. This title shall not preclude a person who

20 previously has been lawfully admitted for permanent resi21 dence in the United States and who is otherwise admissi22 ble from being readmitted in Guam upon return to the

23 United States.

24 (d) Guam shall not be considered as a port of entry

25 for the entrance into the United States of aliens lawfully
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1 admitted for permanent residence into the United States

2 except as provided for in subsection (b) or in those cases

3 where the Governor of Guam has made labor determina4 tions.

5 SEC. 702. GUAM-ONLY VISA.

6 United States consular officials, and other officials

7 authorized to issue visas for entry into the United States,

8 are authorized to issue visas for travel only to the Com9 monwealth of Guam for any alien seeking to enter Guam

10 as a nonimmigrant in order to encourage investors and

11 tourists to come to Guam. Regulations governing the issu12 ance of such visas shall be coordinated with the Governor

13 of Guam. Such regulations shall consider the points of ori14 gin, duration of permitted stay, the means by which the

15 aliens could alter visas to permit entry into the United

16 States, and other appropriate conditions to assure the reg17 ulation serves the best interests of the Commonwealth of

18 Guam. The United States and the Commonwealth of

19 Guam shall adopt appropriate measures for the implemen20 tation and the enforcement of this section upon or after

21 entry of the aliens into Guam.

22 TITLE VIII—LABOR

23 SEC. 801. FEDERAL EMPLOYMENT.

24 In all vacancies in the Federal Civil Service occurring

25 in Guam, residents of Guam possessing the requisite
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1 standards of age, health, character, education, knowledge,

2 and experience shall be given preference over transfers of

3 persons from off Guam or the recruiting of persons from

4 outside Guam.

5 SEC. 802. GUAM LABOR LAWS.

6 Except and to the extent prohibited by Congress, the

7 Commonwealth of Guam shall have authority to enact and

8 enforce all laws regulating or affecting employment in the

9 Commonwealth. All applicable laws of the United States

10 which regulate employment on Guam on the effective date

11 of this Act shall remain applicable to Guam until replaced

12 as to their applicability to Guam by duly enacted law of

13 the Guam Legislature.

14 TITLE IX—TRANSPORTATION

15 AND TELECOMMUNICATIONS

16 SEC. 901. MARITIME SHIPPING.

17 (a) No provision of the laws of the United States,

18 including, without limitation, the vessel documentation

19 laws of the United States, shall apply to prevent the Unit20 ed States registration of, and use of, any foreign-built ves21 sel (including vessels engaged in towing, barges, dredges,

22 vessels or boats leased, rented, or chartered to another for

23 any use, including, without limitation, vessels used to take

24 out chartered fishing and diving parties or sightseeing

25 tours) for any purpose whatsoever within the internal wa-
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1 ters, harbors, territorial sea and adjacent Exclusive

2 Economic Zone around Guam.

3 (b) The shipment of fish or fish products from Guam

4 to any coastwise point of the United States shall not be

5 subject to the coastwise laws of the United States.

6 (c) The application of the coastwise laws of the Unit7 ed States to Guam pursuant to 46 U.S.C. 883 shall be

8 periodically examined by the Commission to determine,

9 mutually, the desirability of the continued applicability of

10 such laws to Guam. Such determination by the Commis11 sion shall be based solely on the criteria of whether such

12 laws or any or a part thereof as applied to Guam constrain

13 Guam’s economic development and, if such a determina14 tion is made, the Commission shall recommend such laws

15 should not continue to apply to Guam: Provided, That so

16 long as the coastwise laws are applicable to Guam the

17 United States Government shall be responsible for ensur18 ing adequate and reliable cargo service between Guam and

19 the United States as determined mutually in the Commis20 sion.

21 SEC. 902. AIRLINES.

22 (a) The Governor of Guam shall have the authority

23 to sponsor any qualified air service carrier to come to

24 Guam subject only to presidential consultation concerning

25 articulated foreign policy and national defense interests of
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1 the United States. The Commonwealth of Guam shall be

2 exempt from all bilateral treaties between the United

3 States and foreign states with respect to scheduling and

4 to technical specifications of aircraft, other than safety re5 quirements, for foreign or United States charter passenger

6 flights to and from Guam where such flights originate

7 from foreign jurisdictions. This provision shall not be ap8 plied in such a manner as to impair regularly scheduled

9 passenger and cargo flights from any of the several United

10 States States and Territories to and from Guam.

11 (b) The Commonwealth of Guam shall remain an ‘‘el12 igible point’’ for purposes of being ensured essential air

13 transportation under applicable provisions of the Federal

14 Aviation Act of 1958, as amended by Public Law 98–213,

15 section 10, with passenger and other service to be sched16 uled to provide regular and satisfactory delivery of postal

17 mail and cargo to and from the United States.

18 (c) In addition to any other requirement in compli19 ance with Federal law for new, additional, or changed

20 routes, United States domestic air carriers shall obtain the

21 concurrence of the Governor of Guam on any application

22 filed for such service to Guam.
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1 SEC. 903. TELECOMMUNICATIONS.

2 The Commonwealth of Guam shall be defined as do3 mestic for the purposes of setting rates in telecommuni4 cations by the Federal Communications Commission.

5 TITLE X—LAND, NATURAL

6 RESOURCES AND UTILITIES

7 SEC. 1001. AUTHORITY OVER LAND AND RESOURCES.

8 (a) The Government of the Commonwealth of Guam

9 shall have power of eminent domain over property within

10 the Commonwealth in accord with the Constitution of

11 Guam.

12 (b) The Commonwealth of Guam shall have jurisdic13 tion over all living and nonliving natural resources of the

14 seabed, subsoil, tidelands, and adjacent territorial waters,

15 as defined by the United States law, of the Island of

16 Guam. The Commonwealth shall exercise rights to deter17 mine the conditions, including pollution control, and terms

18 of all scientific research, management, exploration, and ex19 ploitation of all ocean resources and all sources of energy

20 and prevention of pollution within the 200-mile Exclusive

21 Economic Zone, including pollution originating outside the

22 zone that poses a threat within the zone.

23 (c) The United States may, upon written notice to

24 the Government of the Commonwealth of Guam, acquire

25 for public purposes in accordance with Federal laws and

26 procedures, any interest in real property in the Common-
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1 wealth only by voluntary means, under such terms and

2 conditions as may be negotiated by the parties. The Unit3 ed States will continue to recognize and respect the scar4 city and special importance of land in the Commonwealth

5 of Guam. If the United States must acquire any interest

6 in real property, it will follow the policy of seeking to ac7 quire only the minimum area necessary to accomplish the

8 public purpose for which the real property is required, of

9 seeking only the minimum interest in real property nec10 essary to support such public purpose, and of seeking first

11 to satisfy its requirement by acquiring an interest in pub12 lic rather than private real property. No interest in real

13 property on Guam will be acquired by the United States

14 unless duly authorized by the Congress of the United

15 States and for which appropriations are available.

16 (d) The United States agrees not to exercise within

17 the Commonwealth the power of eminent domain except

18 in time of war and then only to the extent necessary and

19 in compliance with applicable United States and Common20 wealth of Guam laws, and with full recognition of due

21 process required by the Constitutions of Guam and the

22 United States.

23 (e) The Commonwealth of Guam is exempt from the

24 Federal regulations governing the transfer or sale of ex25 cess Federal real property. All excess real properties of
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1 the United States on the Island of Guam released after

2 establishment of the Commonwealth will be conveyed in

3 fee simple to the Government of the Commonwealth of

4 Guam without any condition, limitation or reversion clause

5 in said conveyance.

6 (f) All land heretofore transferred to the Government

7 of Guam by the United States are released from any and

8 all provisions limiting the use of such land, and are

9 conveyed in fee simple.

10 SEC. 1002. TRANSFER OF EXCESS FEDERAL REAL PROP11 ERTY.

12 All real property, including undeveloped land and de13 veloped recreational facilities, controlled or owned by any

14 United States military service or Federal agency on Guam

15 and not necessary for direct and continuous operational,

16 logistical, or security use as a military facility or other

17 Federal function shall be transferred as excess Federal

18 real property to the Government of Guam: Provided, That

19 all national parks, historical sites, monuments, and ceme20 teries shall be exempt from this provision. Such transfers

21 will be, whenever possible, at no cost to the people of

22 Guam, or, when appropriate, at cost no higher than the

23 valuation of the property at the time of original acquisition

24 by the Federal authority, regardless of any subsequent al25 terations or additions to the property. Final determination
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1 of which Federal real property is excess to Federal needs,

2 and the authority to mandate prompt and fair transfer

3 to the Government of Guam by the Federal proprietor,

4 shall be with the Joint Commission after consultations

5 with the proprietor.

6 SEC. 1003. ACCESS TO FEDERAL PROPERTY.

7 (a) All recreational facilities, and all historical and

8 archaeological sites on real property retained under Fed9 eral, civil, or military authority shall be open to access and

10 use by the residents of Guam so long as military security

11 requirements are not compromised.

12 (b) Except where prevented by military security re13 quirements, easements for roadways or other means of

14 public access through property retained under Federal,

15 civil, or military authority shall be granted the Govern16 ment of Guam when such easements constitute the only

17 practicable means of land access by the Government of

18 Guam or the public to localities within the jurisdiction of

19 the Government of Guam.

20 (c) The Joint Commission shall determine, after con21 sultation with the general proprietor, which Federal rec22 reational facilities and which easements over Federal prop23 erty shall be open to the Government of Guam and to the

24 general public on Guam and the manner of access.
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1 SEC. 1004. AUTHORITY OVER UTILITIES.

2 Within 90 days after the enactment of this Act, the

3 United States shall transfer to the Commonwealth of

4 Guam all rights, title, and interest possessed by the Unit5 ed States in the island’s power, water, sewer, and other

6 utility systems, except for those portions of the systems

7 which are located within the confines of property owned

8 by the United States and which are used solely for the

9 purposes of the United States, and which do not serve or

10 impact upon the normal operations of the island’s utility

11 system. The Government of the Commonwealth of Guam

12 may decline to accept any portion of such utilities which

13 it believes would act as a detriment to effective use of the

14 utilities it owns. The United States shall provide access

15 for the Commonwealth of Guam, or its agents, to all utili16 ties and transmission lines which the Commonwealth owns

17 on Federal property on Guam.

18 TITLE XI—UNITED STATES

19 FINANCIAL ASSISTANCE

20 SEC. 1101. RETURN OF TAXES AND FEES.

21 All customs duties and Federal income taxes derived

22 from Guam, the proceeds of all taxes collected under the

23 internal revenue laws of the United States on articles pro24 duced in Guam and transported to the United States, its

25 Territories, or possessions, or consumed in Guam, and the

26 proceeds of any other taxes which may be levied by the
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1 Congress on the inhabitants of Guam (including, but not

2 limited to, compensation paid to members of the Armed

3 Forces and pensions paid to retired civilian and military

4 employees of the United States, or their survivors, who

5 are residents of, or who are domiciled in, Guam), and all

6 quarantine, passport, immigration, and naturalization fees

7 collected in Guam shall be covered into the Treasury of

8 Guam and held in account for the Government of Guam

9 in accordance with the annual budgets except that nothing

10 in this Act shall be construed to apply to any tax imposed

11 by Chapter 2 or 21 of the Internal Revenue Code of 1954.

12 SEC. 1102. EQUAL FINANCE FOR GUAM CITIZENS WITH

13 STATES.

14 The laws of the United States providing Federal ben15 efits and financial assistance and which have a general

16 application to the several States shall be applicable to

17 Guam, including section 228 or title II and title XVI of

18 the Social Security Act (Supplemental Security Income).

19 The formula for granting such financial assistance to

20 Guam and its residents shall be the same as the formula

21 applied to the several states and their residents unless

22 such formula cannot, on its face, be applied to Guam or

23 it is specifically stated to the contrary in this Act.
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1 SEC. 1103. RETURN OF ECONOMIC ZONE FEES.

2 The Commonwealth shall have paid to the Treasury

3 of Guam all licensing and other fees obtained by permit4 ting foreign vessels to fish or other exploitation of the 200-

5 mile Exclusive Economic Zone of Guam.

6 SEC. 1104. FEDERAL PAYMENT.

7 (a) The Governor of Guam, in preparing an annual

8 budget for the Government of the Commonwealth of

9 Guam, shall develop meaningful expenditure and revenue

10 comparisons based on data supplied by the Bureau of the

11 Census and other independent, reliable sources and iden12 tify elements of cost and benefits to Guam which result

13 from the unusual role of Guam as one of the Nation’s

14 principal military bastions in the Far East despite its

15 small size. The results of the studies conducted by the

16 Governor under this subsection shall be made available to

17 the Guam Legislature and to the Federal Office of Man18 agement and Budget for their use in reviewing and revis19 ing the Governor’s request with respect to the level of ap20 propriation for the annual Federal payment to the Com21 monwealth of Guam. Such Federal payment should oper22 ate to encourage efforts on the part of the Government

23 of Guam to maintain and increase its level of revenues

24 and to seek such efficiencies and economies in the manage25 ment of its programs as are possible.
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1 (b) The Governor, in studying and identifying the

2 costs and benefits to Guam brought about by its role in

3 the nation’s national security, should to the extent fea4 sible, among other elements, consider—

5 (1) revenues unobtainable because of the rel6 ative lack of taxable commercial and industrial prop7 erty;

8 (2) revenues unobtainable because of the rel9 ative lack of taxable business income;

10 (3) potential revenues that would be realized if

11 exemptions from Guam taxes were eliminated;

12 (4) net costs, if any, after considering other

13 compensation for tax base deficiencies and direct

14 and indirect taxes paid, of providing services to or15 ganizations and corporate offices doing business only

16 with the Defense Department;

17 (5) recurring and nonrecurring costs of unreim18 bursed services to the Defense Department;

19 (6) recurring and nonrecurring costs of unreim20 bursed services rendered Guam by the Defense De21 partment; and

22 (7) relative tax burden on Guam residents com23 pared to that of resident in other jurisdictions in the

24 Pacific.
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1 (c) The Governor shall submit his request, with re2 spect to the amount of an annual Federal payment, to the

3 Guam Legislature. The Guam Legislature shall by act ap4 prove, disapprove, or modify the Governor’s request. After

5 the action of the Legislature, the Governor shall, by De6 cember 1st of each calendar year, in accordance with the

7 provisions in the Budget and Accounting Act, 1921 (31

8 U.S.C. 2), submit such request to the President for sub9 mission to the Congress. Each request regarding an an10 nual Federal payment shall be submitted to the President

11 7 months prior to the beginning of the fiscal year for

12 which such request is made and shall include a request

13 for an annual Federal payment for the next following

14 fiscal year.

15 SEC. 1105. TRANSITION ASSISTANCE TO THE COMMON16 WEALTH.

17 The Government of the United States in order to as18 sist Guam to make the political and economic transition

19 to Commonwealth agrees to assist the Commonwealth of

20 Guam as follows:

21 (1) The United States agrees to—

22 (A) finance the costs of institutional

23 changes connected with the change in Guam’s

24 political relationship with the United States, to

25 include staff, contracts, and referendum costs
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1 of the Guam Commission on Self-Determina2 tion;

3 (B) help meet the capital needs of Guam,

4 in accordance with the following section, nec5 essary to Guam’s long-term, self-sustaining de6 velopment; and

7 (C) establish an economic development

8 fund to assist expansion of the private sector.

9 (2) There is hereby authorized such sums as

10 may be necessary to implement a long-term capital

11 improvement program approved by the Congress

12 permitting the Commonwealth of Guam to establish

13 an infrastructure base adequate for development of

14 the private sector and to strengthen the utility of

15 Guam for United States national security purposes.

16 (3) Guam shall submit a plan for Congressional

17 approval showing the total amounts proposed, the

18 distribution of funds by projects, phases, or pro19 grams with an assessment of needs, costs, benefits

20 and provision of local funds where available. The

21 capital improvement plan shall take into account all

22 related economic development projects and plans by

23 the Commonwealth of Guam.

24 (4) There is hereby authorized a revolving fund

25 to establish an Economic Development Fund on
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1 Guam with authority to assist in the financing of the

2 private sector needs of Guam in its efforts to achieve

3 a higher standard of living for its people as members

4 of the American community and to develop the eco5 nomic resources needed to meet the financial respon6 sibilities of local self-government. To this end, the

7 Economic Development Fund is authorized to pro8 vide financial and other assistance to increase in9 vestments (including loans, tax incentives, guaran10 tees and equity capital) and to start or expand com11 mercial businesses on Guam in order to provide em12 ployment and ownership opportunities for the resi13 dents of Guam. Participation by private banks and

14 savings and loan institutions in the Economic Devel15 opment Fund shall be encouraged. Funds shall be

16 made available to the Economic Development Fund

17 by Congress after the following conditions have been

18 met:

19 (A) The submission of a set of procedures

20 to Congress for the participation of private

21 lending institutions and for the processing of

22 applications for assistance, indicating the role

23 of the Economic Development Fund’s staff, out24 side consultants, and board review, and to guide
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1 reviewers in making assistance and determining

2 eligibility.

3 (B) Submission of an economic develop4 ment plan, to be updated annually, by the Gov5 ernor of Guam to Congress, showing the pro6 posed amount, the proposed distribution of the

7 funds, and the terms on which the funds will be

8 made available. Such plan will take into account

9 any capital improvement projects and other pro10 grams related to economic development. The

11 funds granted to the Economic Development

12 Fund shall be a revolving fund, available to the

13 Economic Development Fund until expended.

14 (C) The Economic Development Fund

15 shall be headed by a five-member Board of Di16 rectors with financial experience for fixed terms

17 and selected by the Governor of Guam. The

18 Economic Development Fund shall issue a pub19 lic and audited report annually, setting forth

20 the administrative and programmatic develop21 ments for the year with full disclosure of the

22 utilization of its funds, the recipients of its as23 sistance, and the applications in process.
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1 TITLE XII—TECHNICAL AMEND2 MENTS AND INTERPRETA3 TION

4 SEC. 1201. INTERPRETATION AND JURISDICTION.

5 (a) It is the intention of Congress that this Act pro6 vide complete internal self-government for the Common7 wealth of Guam and, to that end, that this Act be inter8 preted liberally to accomplish that purpose.

9 (b) When ruling upon the laws of the Commonwealth,

10 the courts of the United States shall give the same def11 erence to the laws of the Commonwealth as they give to

12 the laws of the several States. Jurisdiction to interpret the

13 provisions of this Act is vested in appropriate courts of

14 the United States and in the local courts of Guam.

15 SEC. 1202. CONTINUED EFFECTIVENESS OF LOCAL LAWS.

16 The laws of Guam in force on the date of enactment

17 of this Act, except as amended by this Act, are hereby

18 continued in force, subject to modification or repeal by the

19 Legislature of Guam.

20 SEC. 1203. ACTS REPEALED AND CONTINUED.

21 (a) All laws or parts of laws inconsistent with this

22 Act are hereby repealed to the extent of such inconsist23 ency.

24 (b) Upon the enactment of this Act, the following sec25 tions of the Organic Act of Guam (Act of August 1, 1950,
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1 64 Stat. 384), as amended, are repealed: Sections 1, 2,

2 and 3; fourth sentence of section 11, sections 25, 27, 33,

3 and section 34.

4 (c) Upon the effective date of the Constitution adopt5 ed by the people of Guam, the following provisions of the

6 Organic Act of Guam (Act of August 1, 1950, 64 Stat.

7 384), as amended, and in effect at that time, are repealed:

8 Sections 5(a) through (t), 6, 7, 8, 9, 9–A, 10; the first

9 three sentences of section 11; sections 12, 13, 14, 15, 16,

10 17, 18, 19, 20, 21, 22, 22A, 22B, 22C, 22D, 24, 26, 29,

11 30, and section 31.

12 (d) The following sections of the Organic Act of

13 Guam (Act of August 1, 1950, 64 Stat. 384), as amended,

14 shall continue in force and shall be deemed to be a part

15 of this Act: Section 5(u), beginning at the fifth sentence,

16 all the remainder of sections 11, 21–A, 24–A, section 28

17 as modified by Article 10 of this Act; 32, and section 35.

18 (e) Public Law 94–584 (90 Stat. 2899), as amended,

19 is repealed as it affects Guam.

20 SEC. 1204. EFFECTIVE DATE OF THE GUAM COMMON21 WEALTH ACT.

22 This Act, upon approval by Congress, shall be sub23 mitted to the registered voters of Guam for ratification

24 through a plebiscite to be held in accordance with the laws

25 of Guam. This Act will become effective upon the approval
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1 of this Act by a majority of the voters who participate

2 in such plebiscite, and at that time, except as provided

3 in section 1203 of this Act, the Organic Act of Guam,

4 August 1, 1950, 64 Stat. 384, shall be repealed.

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