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Organic Act of Guam.Xml G:\COMP\GUAM\ORGANIC ACT OF GUAM.XML ORGANIC ACT OF GUAM [Chapter 512 of the 81st Congress; Approved August 1, 1950] [As Amended Through P.L. 108–378, Enacted October 30, 2004] øCurrency: This publication is a compilation of the text of Chapter 512 of the 81st Congress. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/¿ øNote: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿ AN ACT To provide a civil government for Guam, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, ø48 U.S.C. 1421 note¿ That this Act may be cited as the ‘‘Organic Act of Guam’’. SEC. 2. ø48 U.S.C. 1421¿ The territory ceded to the United States in accordance with the provisions of the Treaty of Peace be- tween the United States and Spain, signed at Paris, December 10, 1898, and proclaimed April 11, 1899, and known as the island of Guam in the Marianas Islands, shall continue to be known as Guam. SEC. 3. ø48 U.S.C. 1421a¿ Guam is hereby declared to be an unincorporated territory of the United States and the capital and seat of government thereof shall be located at the city of Agana, Guam. The government of Guam shall have the powers set forth in this Act, shall have power to sue by such name, and, with the consent of the legislature evidenced by enacted law, may be sued upon any contract entered into with respect to, or any tort com- mitted incident to, the exercise by the government of Guam of any of its lawful powers. The government of Guam shall consist of three branches, executive, legislative, and judicial, and its relations with the Federal Government in all matters not the program responsi- bility of another Federal department or agency, shall be under the general administrative supervision of the Secretary of the Interior. SEC. 4. øRepealed¿ BILL OF RIGHTS SEC. 5. ø48 U.S.C. 1421b¿ (a) No law shall be enacted in Guam respecting an establishment of religion or prohibiting the free exer- cise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of their grievances. 1 September 17, 2019 As Amended Through P.L. 108-378, Enacted October 30, 2004 VerDate Mar 15 2010 11:03 Sep 17, 2019 Jkt 000000 PO 00000 Frm 00001 Fmt 9001 Sfmt 9001 G:\COMP\GUAM\OAOG.BEL HOLC G:\COMP\GUAM\ORGANIC ACT OF GUAM.XML Sec. 5 ORGANIC ACT OF GUAM 2 (b) No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. (c) The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant for arrest or search shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized. (d) No person shall be subject for the same offense to be twice put in jeopardy of punishment; nor shall he be compelled in any criminal case to be a witness against himself. (e) No person shall be deprived of life, liberty, or property with- out due process of law. (f) Private property shall not be taken for public use without just compensation. (g) In all criminal prosecutions the accused shall have the right to a speedy and public trial; to be informed of the nature and cause of the accusation and to have a copy thereof; to be confronted with the witnesses against him; to have compulsory process for obtain- ing witnesses in his favor, and to have the assistance of counsel for his defense. (h) Excessive bail shall not be required, nor excessive fines im- posed, nor cruel and unusual punishments inflicted. (i) Neither slavery nor involuntary servitude, except as a pun- ishment for crime whereof the party shall have been duly con- victed, shall exist in Guam. (j) No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall be enacted. (k) No person shall be imprisoned for debt. (l) The privilege of the writ of habeas corpus shall not be sus- pended, unless, when in cases of rebellion or invasion or imminent danger thereof, the public safety shall require it. (m) No qualification with respect to property, income, political opinion, or any other matter apart from citizenship, civil capacity, and residence shall be imposed upon any voter. (n) No discrimination shall be made in Guam against any per- son on account of race, language, or religion, nor shall the equal protection of the laws be denied. (o) No person shall be convicted of treason against the United States unless on the testimony of two witnesses to the same overt act, or on confession in open court. (p) No public money or property shall ever be appropriated, supplied, donated, or used, directly or indirectly, for the use, ben- efit, or support of any sect, church, denomination, sectarian institu- tion, or association, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary as such. (q) The employment of children under the age of fourteen years in any occupation injurious to health or morals or hazardous to life or limb is hereby prohibited. (r) There shall be compulsory education for all children, be- tween the ages of six and sixteen years. September 17, 2019 As Amended Through P.L. 108-378, Enacted October 30, 2004 VerDate Mar 15 2010 11:03 Sep 17, 2019 Jkt 000000 PO 00000 Frm 00002 Fmt 9001 Sfmt 9001 G:\COMP\GUAM\OAOG.BEL HOLC G:\COMP\GUAM\ORGANIC ACT OF GUAM.XML 3 ORGANIC ACT OF GUAM Sec. 6 (s) No religious test shall ever be required as a qualification to any office or public trust under the government of Guam. (t) No person who advocates, or who aids or belongs to any party, organization, or association which advocates, the overthrow by force or violence of the government of Guam or of the United States shall be qualified to hold any public office of trust or profit under the government of Guam. (u) The following provisions of and amendments to the Con- stitution of the United States are hereby extended to Guam to the extent that they have not been previously extended to that terri- tory and shall have the same force and effect there as in the United States or in any State of the United States: article I, section 9, clauses 2 and 3; article IV, section 1 and section 2, clause 1; the first to ninth amendments inclusive; the thirteenth amendment; the second sentence of section 1 of the fourteenth amendment; and the fifteenth and nineteenth amendments. All laws enacted by Congress with respect to Guam and all laws enacted by the territorial legislature of Guam which are in- consistent with the provisions of this subsection are repealed to the extent of such inconsistency. SEC. 6. ø48 U.S.C. 1422¿ The executive power of Guam shall be vested in an executive officer whose official title shall be the ‘‘Governor of Guam’’. The Governor of Guam, together with the Lieutenant Governor, shall be elected by a majority of the votes cast by the people who are qualified to vote for the members of the Legislature of Guam. The Governor and Lieutenant Governor shall be chosen jointly, by the casting by each voter of a single vote ap- plicable to both offices. If no candidates receive a majority of the votes cast in any election, on the fourteenth day thereafter a runoff election shall be held between the candidates for Governor and Lieutenant Governor receiving the highest and second highest number of votes cast. The first election for Governor and Lieuten- ant Governor shall be held on November 3, 1970. Thereafter, begin- ning with the year 1974, the Governor and Lieutenant Governor shall be elected every four years at the general election. The Gov- ernor and Lieutenant Governor shall hold office for a term of four years and until their successors are elected and qualified. No person who has been elected Governor for two full succes- sive terms shall again be eligible to hold that office until one full term has intervened. The term of the elected Governor and Lieutenant Governor shall commence on the first Monday of January following the date of election. No person shall be eligible for election to the office of Governor or Lieutenant Governor unless he is an eligible voter and has been for five consecutive years immediately preceding the election a cit- izen of the United States and a bona fide resident of Guam, and will be, at the time of taking office, at least thirty years of age.
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