I 
116TH CONGRESS 
1ST SESSION H. R. 4409 
To require approval through referendum for any increases to any locally 
enacted and administered taxes or issuances of any municipal bond 
in an amount greater than $25,000,000, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 19, 2019 
Mr. SAN NICOLAS introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To require approval through referendum for any increases 
to any locally enacted and administered taxes or 
issuances of any municipal bond in an amount greater 
than $25,000,000, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘People Empowerment 
Act’’. 
SEC. 2. FINDINGS. 
Congress finds as follows: 
VerDate Sep 11 2014 
01:58 Sep 21, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4409.IH
H4409
kjohnson on DSK79L0C42 with BILLS
(1) The Guam Legislature enacted Guam Pub-
lic Law 24–222 in 1998, requiring voter referendum 
for any tax increases and any issuance of General 
Obligation Bond in an amount greater than 
$25,000,000. 
(2) The Guam Legislature has circumvented 
Guam Public Law 24–222, passing local tax in-
creases and entered into 28 General Obligation 
Bonds, 16 of which were in excess of $25,000,000 
without ratification by the voters of Guam. 
(3) When public laws expressly mandate the in-
volvement of the electorate with their vote on spe-
cific matters of law, such laws must be respected, 
and the people must be afforded the opportunity to 
vote. 
(4) Congress will act to protect the people of 
Guam’s authority in determining increases in taxes 
paid to their local government by ratifying such 
power in the Organic Act of Guam. 
SEC. 3. VOTER APPROVAL REQUIRED FOR CERTAIN REV-
ENUE LAWS. 
The Organic Act of Guam (48 U.S.C. 1421 et seq.) 
is amended by inserting after section 11, the following: 
VerDate Sep 11 2014 
01:58 Sep 21, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4409.IH
H4409
kjohnson on DSK79L0C42 with BILLS
‘‘CONDITIONS FOR LAWS RELATED TO TAXATION AND 
ISSUANCE OF BONDS 
‘‘SEC. 11A. (a) Notwithstanding section 11, a law en-
acted by the Government of Guam that provides for 
issuance of municipal bonds in an amount greater than 
$25,000,000, an increase in a tax, or the imposition of 
a new tax— 
‘‘(1) shall not contain any provision except 
those necessary to enact the issuance, increase, or 
imposition; and 
‘‘(2) shall not take effect until after the law is 
approved by a simple majority of voters on a ref-
erendum on the law held in accordance with this sec-
tion. 
‘‘(b) Not more than 10 days after a law that provides 
for issuance of a municipal bond in an amount greater 
than $25,000,000, an increase in a tax, or the imposition 
of a new tax is enacted, the Secretary of the Guam Legis-
lature shall transmit to the Guam Election Commission 
the full text of the law. 
‘‘(c) The question of whether the voters of Guam ap-
prove or disapprove of the law transmitted under sub-
section (b) shall be placed on the ballot at the next General 
Election that is 90 days or more after such transmission. 
VerDate Sep 11 2014 
01:58 Sep 21, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4409.IH
H4409
kjohnson on DSK79L0C42 with BILLS
‘‘(d) Not less than 30 days before a General Election 
described in subsection (c), the Guam Election Commis-
sion shall— 
‘‘(1) cause to appear in a daily periodical of 
mass publication on Guam the full text of the law 
transmitted under subsection (b); and 
‘‘(2) ensure that the following is included in the 
voter education packet sent to voters before the Gen-
eral Election for which the referendum on the law is 
included on the ballot: 
‘‘(A) The full text of the law transmitted 
under subsection (b). 
‘‘(B) An explanation of the pros and cons 
of each position on the question of the law 
transmitted under subsection (b). 
‘‘(C) Other information necessary for vot-
ers to arrive at an informed position on the 
question of the law transmitted under sub-
section (b). 
‘‘(e) This section may be waived during a state of 
emergency declared by a two-thirds vote of the Guam Leg-
islature and signed by the Governor of Guam. A waiver 
under this subsection shall only apply during such state 
of emergency. A tax or increase instituted during a waiver 
under this subsection shall not be valid or enforceable 
VerDate Sep 11 2014 
01:58 Sep 21, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4409.IH
H4409
kjohnson on DSK79L0C42 with BILLS
after the state of emergency has ended, except to the ex-
tent that amounts were due and not paid under that tax 
or increase during the state of emergency. 
‘‘(f) This section shall not be interpreted to require 
voter ratification of a tax increased or imposed or a bond 
issued by the Government of the United States of Amer-
ica. 
‘‘(g) This section shall continue to apply after de-link-
age of the Guam income tax from the Internal Revenue 
Code of 1986 (or a successor Federal tax code), should 
such a de-linkage occur.’’. 
Æ 
VerDate Sep 11 2014 
01:58 Sep 21, 2019
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H4409.IH
H4409
kjohnson on DSK79L0C42 with BILLS