Guam Commonwealth Act

TABLE OF CONTENTS:

Title I: Political Relationship

Title II: Applicability of Federal Law

Title III: Foreign Affairs and Defense

Title IV: Courts

Title V: Trade

Title VI: Taxation

Title VII: Immigration

Title VIII: Labor

Title IX: Transportation and Telecommunications

Title X: Land, Natural Resources and Utilities

Title XI: United States Financial Assistance

Title XII: Technical Amendments and Interpretation

Guam Commonwealth Act - Title I: Political Relationship - Creates the Commonwealth of Guam. Grants the people of Guam the right of full self-government through adoption of a Constitution and within specified guidelines.

(Sec. 102) Recognizes the right of self-determination of the people of Guam.

Directs the U.S. Government to promote preservation of the Chamorro culture, enhanced economic, social, and educational opportunities for Chamorros, and training of Chamorros for employment.

Directs Guam to establish a land trust for the benefit of the indigenous Chamorro people and to establish residency requirements under the Constitution of Guam for voting and holding elective office.

(Sec. 103) Allows this Act to be modified only with the mutual consent of the Governments of the United States and Guam.

Title II: Applicability of Federal Law - Makes specified provisions of, and amendments to, the U.S. Constitution applicable to Guam.

(Sec. 202) Makes Federal laws, rules, or regulations passed after the date of this Act inapplicable unless mutually consented to by the Governments of the United States and Guam.

(Sec. 203) Creates the Joint Commission on the Applicability of Federal Law.

(Sec. 204) Authorizes the President to delegate to the Governor of Guam performance of functions now vested in Federal administrative agencies.

Title III: Foreign Affairs and Defense - Grants the United States responsibility for authority with respect to matters relating to foreign affairs and defense that affect Guam.

(Sec. 302) Prohibits the establishment of military security zones or the stationing of foreign military personnel on the Island of Guam without the approval of the Government of Guam except in time of declared war, or the establishment of military bases without consultation with the Governor.

(Sec. 304) Prohibits the United States from using Guam or the water surrounding it for the dumping or storage of nuclear waste or hazardous chemicals. Provides for the cleanup by the United States of chemical dump sites used by the military. Requires the United States to compensate any person injured as a result of hazardous materials stored, used, or disposed of by the U.S. Government in Guam or its waters.

Title IV: Courts - Specifies provisions governing the relations between U.S. courts and the local courts of Guam, the jurisdiction of the District Court of Guam, and the applicable district court rules.

(Sec. 404) Provides for the appointment of a judge for the District Court of Guam, a U.S. attorney, and a U.S. marshal for Guam.

Title V: Trade - Establishes a Guam-United States free trade area.

Authorizes Guam to impose, increase, reduce, or eliminate duties and other restrictions on certain imports and exports.

Title VI: Taxation - Makes U.S. income tax laws applicable to Guam. Deems such laws to impose a separate tax to be known as the Guam Commonwealth income tax.

(Sec. 603) Allows the Government of Guam to provide for the rebate or reduction of taxes in order to assist new industries or economic development.

(Sec. 604) Grants Guam the power to determine the nature and amount of taxes imposed upon the income and property of persons within its jurisdiction. Repeals applicable U.S. tax laws one year after Guam has enacted a replacement comprehensive local income tax.

(Sec. 605) Exempts all bonds or other obligations issued by Guam from taxation by Federal, State, or local governments of the United States.

Title VII: Immigration - Applies the Immigration and Nationality Act and pertinent Federal regulations to Guam for two years from enactment of this Act. Directs Guam to enact a comprehensive law on immigration to become effective at the end of the two-year period.

(Sec. 702) Authorizes U.S. consular officials to issue visas for travel only to Guam for any alien seeking to enter Guam as a non-immigrant in order to encourage investors and tourists to come to Guam.

Title VIII: Labor - Grants preference to qualified residents of Guam in all Federal civil service vacancies occurring in Guam.

(Sec. 802) Grants Guam the authority to enact and enforce all laws regulating or affecting employment in Guam.

Title IX: Transportation and Telecommunications - Precludes application of any U.S. law barring the U.S. registration and use of any foreign-built vessel within the waters around Guam for any purpose.

Exempts from the coastwise laws of the United States any shipment of fish or fish products from Guam to any U.S. coastwise destination. Directs the Commission to examine the applicability of such laws and to recommend their termination upon determining that such laws constrain Guam's economic development.

(Sec. 902) Authorizes the Governor of Guam to sponsor any qualified air service carrier to come to Guam, subject to presidential consultation concerning U.S. foreign policy and security interests. Exempts Guam from all bilateral treaties between the United States and foreign states with respect to scheduling and technical specifications of aircraft, other than safety requirements.

(Sec. 903) Defines Guam as "domestic" for Federal Communications Commission rate setting purposes.

Title X: Land, Natural Resources and Utilities - Grants the Government of Guam the power of eminent domain.

Sets limits on U.S. acquisition of real property on Guam. Exempts Guam from Federal regulations governing the transfer or sale of excess Federal real property. Provides for the transfer of all excess Federal property to Guam, with specified exceptions.

(Sec. 1003) Provides for access and use by the residents of Guam of certain retained Federal property, subject to military security requirements.

(Sec. 1004) Directs the United States to transfer ownership of island utilities to Guam.

Title XI: United States Financial Assistance - Provides for the return of U.S. revenues from taxes and fees collected in Guam to the Government of Guam. Makes U.S. laws providing Federal benefits and financial assistance which are applicable to the States equally applicable to Guam.

(Sec. 1104) Directs the Governor of Guam, in preparing an annual budget, to identify the costs and benefits to Guam brought about by its role as one of the principal U.S. military bases.

(Sec. 1105) Provides for assistance to aid Guam's transition to a Commonwealth.

Title XII: Technical Amendments and Interpretation - Makes technical and conforming amendments.

(Sec. 1204) Requires this Act to be submitted to the registered voters of Guam for ratification after being passed by the Congress. Repeals the Organic Act of Guam.