US (United States) Code. Title 48. Chapter 8A: Guam

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Territories and insular possesions

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-CITE-

48 USC CHAPTER 8A - GUAM 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

-HEAD-

CHAPTER 8A - GUAM

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

1421. Territory included under name Guam.

1421a. Unincorporated territory; capital; powers of

government; suits against government; type of

government; supervision.

1421b. Bill of rights.

1421c. Certain laws continued in force; modification or

repeal of laws.

1421d. Salaries and allowances of officers and employees.

1421e. Duty on articles.

1421f. Title to property transferred.

(a) Property employed by naval government of Guam.

(b) Other property not reserved.

(c) Secretary of the Interior; sale or lease.

1421f-1. Acknowledgement of deeds.

1421g. Establishment and maintenance of public bodies and

offices.

(a) Public health services.

(b) Public educational system.

(c) Office of Public Prosecutor; Office of Public

Auditor.

(d) Attorney General.

1421h. Duties, taxes, and fees; proceeds collected to

constitute fund for benefit of Guam; prerequisites,

amount, etc., remitted prior to commencement of next

fiscal year.

1421i. Income tax.

(a) Applicability of Federal laws; separate tax.

(b) Guam Territorial income tax.

(c) Enforcement of tax.

(d) "Income-tax laws" defined; administration and

enforcement; rules and regulations.

(e) Substitution of terms.

(f) Criminal offenses; prosecution.

(g) Liens.

(h) Jurisdiction of District Court; suits for

recovery or collection of taxes; payment of

judgment.

1421j. Authorization of appropriations.

1421k. Designation of naval or military reservations; closed

port.

1421k-1 to 1421m. Repealed.

1421n. Applicability of Federal copyright laws.

1421o. Federal assistance for fire control, watershed

protection, and reforestation.

1421p. Authorization of appropriations.

1421q. Applicability of Federal laws.

1421q-1. Applicability of laws referred to in section 502(a)(1)

of Covenant to Establish a Commonwealth of the

Northern Mariana Islands.

SUBCHAPTER II - THE EXECUTIVE BRANCH

1422. Governor and Lieutenant Governor; term of office;

qualifications; powers and duties; annual report to

Congress.

1422a. Removal of Governor, Lieutenant Governor, or member of

legislature; referendum election.

1422b. Vacancy in office of Governor or Lieutenant Governor.

(a) Temporary disability or temporary absence of

Governor.

(b) Permanent vacancy in office of Governor.

(c) Temporary disability or temporary absence of

Lieutenant Governor.

(d) Permanent vacancy in office of Lieutenant

Governor.

(e) Temporary disability or temporary absence of

both Governor and Lieutenant Governor.

(f) Additional compensation.

1422c. Executive agencies and instrumentalities.

(a) Appointment of heads; establishment of merit

system; Civil Service Commission.

(b) Powers and duties of officers.

(c) Reorganization.

(d) Continuation in office of incumbents.

1422d. Transfer of functions from government comptroller for

Guam to Inspector General, Department of the

Interior.

(a) Functions, powers, and duties transferred.

(b) Scope of authority transferred.

(c) Transfer of personnel, assets, etc., of office

of government comptroller for Guam to Office

of Inspector General, Department of the

Interior.

SUBCHAPTER III - THE LEGISLATURE

1423. Legislature of Guam.

(a) Unicameral nature; power.

(b) Size of legislature; prohibition against denial

of equal protection; at large and district

representation.

(c) Reapportionment; Federal census base.

(d) Timing of biennial elections.

1423a. Power of legislature; limitation on indebtedness of

Guam; bond issues; guarantees for purchase by Federal

Financing Bank of Guam Power Authority bonds or other

obligations; interest rates; default.

1423b. Selection and qualification of members; officers;

rules and regulations; quorum.

1423c. Privileges of members.

1423d. Oath of office.

1423e. Prohibition against acceptance of salary increases or

newly created offices.

1423f. Qualifications of members.

1423g. Vacancies.

1423h. Regular and special sessions.

1423i. Approval of bills.

1423j. Authorization of appropriations.

1423k. Right of petition.

1423l. Omitted.

SUBCHAPTER IV - THE JUDICIARY

1424. District Court of Guam; local courts; jurisdiction.

(a) District Court of Guam; local courts.

(b) Jurisdiction.

(c) Original jurisdiction.

1424-1. Local courts; composition; appellate court;

jurisdiction; practice and procedure; qualifications

and duties of judges.

(a) Composition; establishment of appellate court.

(b) Jurisdiction.

(c) Practice and procedure; qualifications and

duties of judges.

1424-2. Relations between courts of United States and courts

of Guam; review by United States Court of Appeals for

Ninth Circuit; reports to Congress; rules.

1424-3. Appellate jurisdiction for District Court; procedure;

review by United States Court of Appeals for Ninth

Circuit; rules; appeals to appellate court.

(a) Appellate jurisdiction of District Court.

(b) Appellate division of District Court; quorum;

presiding judge; designation of judges;

decisions.

(c) United States Court of Appeals for Ninth

Circuit; jurisdiction; appeals; rules.

(d) Appeals to appellate court; effect on District

Court.

1424-4. Criminal offenses; procedure; definitions.

1424a. Repealed.

1424b. Judge of District Court; appointment, tenure, removal,

and compensation; appointment of United States

attorney and marshal.

1424c. Review of claims respecting land on Guam.

(a) Jurisdiction.

(b) Acquisitions effected through condemnation

proceedings.

(c) Fair compensation.

(d) Employment of special masters or judges.

(e) Awards.

(f) Limitation on attorney's fees; violation;

penalty.

(g) Availability of documents, records, and

writings to court.

SUBCHAPTER V - PUBLIC HOUSING AND URBAN RENEWAL

1425. Omitted.

1425a. Legislative authority to create authorities;

appointment of members; powers of authorities.

1425b. Issuance of notes, bonds, and obligations.

1425c. Authorization of loans, conveyances, etc.

1425d. Ratification of prior act.

1425e. Additional powers.

1426. Repealed.

SUBCHAPTER VI - GUAM DEVELOPMENT FUND

1428. Authorization of appropriations.

1428a. Submission of plan for use of funds; contents of plan;

term, interest rate, and premium charge of loan.

1428b. Prerequisite for loan or loan guarantee; maximum

participation in available funds; reserves for loan

guarantees.

1428c. Accounting procedures.

1428d. Report for inclusion in annual report by Governor.

1428e. Audit of books and records of agency, or agencies,

administering loan funds.

CONSTITUTIONS FOR VIRGIN ISLANDS AND GUAM: ESTABLISHMENT;

CONGRESSIONAL AUTHORIZATION

Authorization for the peoples of the Virgin Islands and Guam to

call constitutional conventions to draft constitutions for local

self-government, see Pub. L. 94-584, Oct. 21, 1976, 90 Stat. 2899,

set out as a note under section 1541 of this title.

DELEGATE TO CONGRESS FROM GUAM

Provisions respecting representation in Congress by a Delegate

from Guam to the House of Representatives, see section 1711 et seq.

of this title.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1425b, 1469a-1 of this

title.

-End-

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48 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-End-

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48 USC Sec. 1421 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1421. Territory included under name Guam

-STATUTE-

The territory ceded to the United States in accordance with the

provisions of the Treaty of Peace between 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.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 2, 64 Stat. 384.)

-MISC1-

EFFECTIVE DATE; CONTINUATION OF FEDERAL ADMINISTRATION

Section 34 of act Aug. 1, 1950, provided that on the 21st day of

July 1950, the authority and powers conferred by this chapter would

come into force, and authorized the President, for a period not to

exceed one year from Aug. 1, 1950, to continue the administration

of Guam in all or in some respects as provided by law, Executive

order, or local regulation in force on Aug. 1, 1950. It further

authorized the President in his discretion to place in operation

all or some of the provisions of this chapter if practicable before

the expiration of the period of one year.

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-212, Sec. 1, Aug. 21, 2002, 116 Stat. 1051, provided

that: "This Act [amending section 1421i of this title and enacting

provisions set out as a note under section 1421i of this title] may

be cited as the 'Guam Foreign Investment Equity Act'."

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-291, Sec. 1, Oct. 27, 1998, 112 Stat. 2785, provided

that: "This Act [amending sections 1421g, 1423a, and 1423b of this

title] may be cited as the 'Guam Organic Act Amendments of 1998'."

SHORT TITLE OF 1968 AMENDMENTS

Pub. L. 90-601, Sec. 1, Oct. 17, 1968, 82 Stat. 1172, provided

that: "This Act [enacting sections 1428 to 1428e of this title] may

be cited as the 'Guam Development Fund Act of 1968'."

Pub. L. 90-497, Sec. 14, Sept. 11, 1968, 82 Stat. 848, provided

that: "This Act [enacting section 1422d of this title and section

335 of Title 10, Armed Forces, amending sections 1421a, 1421b,

1421c, 1421d, 1421f, 1422, 1422a, 1422b, 1422c, 1423b, 1423h, and

1423i of this title, and enacting provisions set out as notes under

this section and section 1422 of this title] may be cited as the

'Guam Elective Governor Act'."

SHORT TITLE

Section 1 of act Aug. 1, 1950, provided that: "This Act [enacting

this chapter and amending section 703 of Title 8, Aliens and

Nationality] may be cited as the 'Organic Act of Guam'."

POLITICAL UNION BETWEEN TERRITORY OF GUAM AND COMMONWEALTH OF

NORTHERN MARIANA ISLANDS, EFFECTS ON RIGHTS AND ENTITLEMENTS

In event of political union between Guam and the Commonwealth of

the Northern Mariana Islands, there shall be no diminution of

rights or entitlements, nor any adverse effects on any funds

authorized or appropriated, see section 1844 of this title.

ANALYSIS OF CAPITAL INFRASTRUCTURE NEEDS OF GUAM FOR 1985 TO 1990

TIMEFRAME; REPORT TO CONGRESS; CONTENTS

Pub. L. 95-348, Sec. 1(a)(6), Aug. 18, 1978, 92 Stat. 487,

provided that the Secretary prepare and transmit to the Congress no

later than July 1, 1979, an analysis of the capital infrastructure

needs of Guam for the 1985 to 1990 timeframe.

SUBMERGED LANDS, CONVEYANCE TO TERRITORY

Conveyance of submerged lands to the government of Guam, see

section 1701 et seq. of this title.

-EXEC-

EX. ORD. NO. 10077. TRANSFER OF ADMINISTRATION OF GUAM

Ex. Ord. No. 10077, eff. Sept. 7, 1949, 14 F.R. 5523, as amended

by Ex. Ord. No. 10137, eff. June 30, 1950, 15 F.R. 4241, provided:

1. The administration of the Island of Guam is hereby transferred

from the Secretary of the Navy to the Secretary of the Interior,

such transfer to become effective on August 1, 1950.

2. The Department of the Navy and the Department of the Interior

shall proceed with the plans for the transfer of the administration

of the Island of Guam as embodied in the above mentioned memorandum

of understanding between the two departments.

3. When the transfer of administration made by this order becomes

effective, the Secretary of the Interior shall take such action as

may be necessary and appropriate, and in harmony with applicable

law, for the administration of civil government on the Island of

Guam.

4. The executive departments and agencies of the Government are

authorized and directed to cooperate with the Departments of the

Navy and Interior in the effectuation of the provisions of this

order.

5. The said Executive Order No. 108-A of December 23, 1898, is

revoked, effective July 1, 1950.

-End-

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48 USC Sec. 1421a 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1421a. Unincorporated territory; capital; powers of

government; suits against government; type of government;

supervision

-STATUTE-

Guam is 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 chapter, 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 committed 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 responsibility of another Federal

department or agency, shall be under the general administrative

supervision of the Secretary of the Interior.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 3, 64 Stat. 384; Pub. L. 86-316, Sept.

21, 1959, 73 Stat. 588; Pub. L. 90-497, Sec. 12(a), Sept. 11, 1968,

82 Stat. 847.)

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-497 substituted provisions that all matters

concerning Guam which are not the program responsibility of other

Federal departments or agencies be under the general administrative

supervision of the Secretary of the Interior for provisions that

the general administrative supervision of matters concerning Guam

be under the head of such civilian department or agency of the

Government of the United States as the President might direct.

1959 - Pub. L. 86-316 permitted government of Guam, with consent

of legislature, to be sued.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-497 necessary to authorize the holding of

an election for Governor and Lieutenant Governor on Nov. 3, 1970,

effective Jan. 1, 1970, and all other amendments unless otherwise

provided effective Jan. 4, 1971, see section 13 of Pub. L. 90-497,

set out as a note under section 1422 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1423i of this title.

-End-

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48 USC Sec. 1421b 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1421b. Bill of rights

-STATUTE-

(a) No law shall be enacted in Guam respecting an establishment

of religion or prohibiting the free exercise 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.

(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

without 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 obtaining witnesses in his favor, and to have the

assistance of counsel for his defense.

(h) Excessive bail shall not be required, nor excessive fines

imposed, nor cruel and unusual punishments inflicted.

(i) Neither slavery nor involuntary servitude, except as a

punishment for crime whereof the party shall have been duly

convicted, 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

suspended, 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 person 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,

benefit, or support of any sect, church, denomination, sectarian

institution, 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, between

the ages of six and sixteen years.

(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

Constitution of the United States are hereby extended to Guam to

the extent that they have not been previously extended to that

territory 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

inconsistent with the provisions of this subsection are repealed to

the extent of such inconsistency.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 5, 64 Stat. 385; Pub. L. 90-497, Sec.

10, Sept. 11, 1968, 82 Stat. 847.)

-MISC1-

AMENDMENTS

1968 - Subsec. (u). Pub. L. 90-497 added subsec. (u).

EFFECTIVE DATE OF 1968 AMENDMENT

Section 10 of Pub. L. 90-497 provided that the amendment made by

that section is effective on date of enactment of Pub. L. 90-497,

which was approved Sept. 11, 1968.

-End-

-CITE-

48 USC Sec. 1421c 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1421c. Certain laws continued in force; modification or repeal

of laws

-STATUTE-

(a) The laws of Guam in force on August 1, 1950, except as

amended by this chapter, are continued in force, subject to

modification or repeal by the Congress of the United States or the

Legislature of Guam, and all laws of Guam inconsistent with the

provisions of this chapter are repealed to the extent of such

inconsistency.

(b) Repealed. Pub. L. 90-497, Sec. 7, Sept. 11, 1968, 82 Stat.

847.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 25, 64 Stat. 390; Pub. L. 90-497, Sec.

7, Sept. 11, 1968, 82 Stat. 847.)

-MISC1-

AMENDMENTS

1968 - Subsec. (b). Pub. L. 90-497 repealed subsec. (b) which

prohibited the application to Guam of laws of the United States not

specifically made applicable to Guam and established a commission

to determine which laws were applicable to Guam and which were not.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 7 of Pub. L. 90-497 provided that the amendment made by

that section is effective on date of enactment of Pub. L. 90-497,

which was approved Sept. 11, 1968.

-End-

-CITE-

48 USC Sec. 1421d 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1421d. Salaries and allowances of officers and employees

-STATUTE-

The salaries and travel allowances of the Governor, Lieutenant

Governor, the heads of the executive departments, other officers

and employees of the government of Guam, and the members of the

legislature, shall be paid by the government of Guam at rates

prescribed by the laws of Guam.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 26, 64 Stat. 391; Aug. 1, 1956, ch.

852, Sec. 21, 70 Stat. 911; Pub. L. 89-100, July 30, 1965, 79 Stat.

424; Pub. L. 90-497, Sec. 9, Sept. 11, 1968, 82 Stat. 847.)

-MISC1-

AMENDMENTS

1968 - Subsec. (c). Pub. L. 90-497, Sec. 9(a), repealed subsec.

(c) which provided for the payment of transportation expenses by

the United States of all officers and employees of the government

of Guam if their homes were outside Guam.

Pub. L. 90-497, Sec. 9(b), removed subsection designations and

substituted provisions that the government of Guam pay the salaries

and travel expenses of the Governor, Lieutenant Governor, heads of

executive departments, members of the legislature, and government

officers and employees at rates prescribed by the laws of Guam for

provisions setting the salary for the Governor and Secretary of

Guam and allowing for the payment of transportation expenses and

salaries of certain officers and employees by the United States.

1965 - Subsec. (e). Pub. L. 89-100 substituted provisions

empowering the government of Guam to fix and pay legislative

salaries and expenses for provisions which specifically fixed a sum

of $15 per day to be paid each member for every day the legislature

is in session payable out of Congressional appropriations and which

required all other expenses to be paid by the government of Guam.

1956 - Subsec. (a). Act Aug. 1, 1956, substituted "the Governor

of the Virgin Islands in the Executive Pay Act of 1949, as

heretofore or hereafter amended," for "Governors of Territories and

possessions in the Executive Pay Act of 1949, but not to exceed

$13,125,".

EFFECTIVE DATE OF 1968 AMENDMENT

Section 9(a) of Pub. L. 90-497 provided that the amendment made

by that section is effective on date of enactment of Pub. L.

90-497, which was approved Sept. 11, 1968.

Section 9(b) of Pub. L. 90-497 provided that the amendment made

by that section is effective Jan. 4, 1971.

-End-

-CITE-

48 USC Sec. 1421e 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1421e. Duty on articles

-STATUTE-

All articles coming into the United States from Guam shall be

subject to or exempt from duty as provided for in section 1301a

(!1) of title 19.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 27, 64 Stat. 392; Sept. 1, 1954, ch.

1213, title IV, Sec. 402(b), 68 Stat. 1140.)

-REFTEXT-

REFERENCES IN TEXT

Section 1301a of title 19, referred to in text, was repealed by

Pub. L. 87-456, title III, Sec. 301(a), May 24, 1962, 76 Stat. 75.

See General Headnote 3(a) under section 1202 of Title 19, Customs

Duties.

-MISC1-

AMENDMENTS

1954 - Act Sept. 1, 1954, subjected Guam to the general provision

for importations from insular possessions contained in section

1301a of title 19.

EFFECTIVE DATE OF 1954 AMENDMENT

Section 601 of act Sept. 1, 1954, 68 Stat. 1141, provided that:

"Titles II, III, IV, and VI of this Act [enacting section 1301a of

Title 19, Customs Duties, amending sections 1421e and 1644 of this

title and sections 160, 161, 1001, and 1201 of Title 19] shall be

effective on and after the thirtieth day following the date of the

enactment of this Act [Sept. 1, 1954]".

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

48 USC Sec. 1421f 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1421f. Title to property transferred

-STATUTE-

(a) Property employed by naval government of Guam

The title to all property, real and personal, owned by the United

States and employed by the naval government of Guam in the

administration of the civil affairs of the inhabitants of Guam,

including automotive and other equipment, tools and machinery,

water and sewerage facilities, bus lines and other utilities,

hospitals, schools, and other buildings, shall be transferred to

the government of Guam within ninety days after August 1, 1950.

(b) Other property not reserved

All other property, real and personal, owned by the United States

in Guam, not reserved by the President of the United States within

ninety days after August 1, 1950, is placed under the control of

the government of Guam, to be administered for the benefit of the

people of Guam, and the legislature shall have authority, subject

to such limitations as may be imposed upon its acts by this chapter

or subsequent Act of the Congress, to legislate with respect to

such property, real and personal, in such manner as it may deem

desirable.

(c) Secretary of the Interior; sale or lease

All property owned by the United States in Guam, the title to

which is not transferred to the government of Guam by subsection

(a) of this section, or which is not placed under the control of

the government of Guam by subsection (b) of this section, is

transferred to the administrative supervision of the Secretary of

the Interior, except as the President may from time to time

otherwise prescribe: Provided, That the Secretary of the Interior

shall be authorized to lease or to sell, on such terms as he may

deem in the public interest, any property, real and personal, of

the United States under his administrative supervision in Guam not

needed for public purposes.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 28, 64 Stat. 392; Pub. L. 90-497, Sec.

12(b), Sept. 11, 1968, 82 Stat. 848.)

-MISC1-

AMENDMENTS

1968 - Subsec. (c). Pub. L. 90-497 substituted "The Secretary of

the Interior" for "the head of the department or agency designated

by the President under section 1421a of this title" in text of

subsec. (c) and "the Secretary of the Interior" for "the head of

such department or agency" in proviso.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-497 necessary to authorize the holding of

an election for Governor and Lieutenant Governor on Nov. 3, 1970,

effective Jan. 1, 1970, and all other amendments unless otherwise

provided effective Jan. 4, 1971, see section 13 of Pub. L. 90-497,

set out as a note under section 1422 of this title.

-EXEC-

EX. ORD. NO. 10178. RESERVATION OF PROPERTY IN GUAM FOR USE OF

UNITED STATES

Ex. Ord. No. 10178, eff. Oct. 30, 1950, 15 F.R. 7313, provided:

NOW, THEREFORE, by virtue of the authority vested in me by the

said section 28 of the Organic Act of Guam [this section] and as

President of the United States, it is ordered as follows:

1. The following-described real and personal property of the

United States in Guam is hereby reserved to the United States and

placed under the control and jurisdiction of the Secretary of the

Navy: Provided, That the Secretary of the Navy shall transfer such

portions of such property to the Department of the Army, the

Department of the Air Force, and the Coast Guard as may be required

for their respective purposes:

(a) All of that real property in Guam situated within the

perimeter areas defined in the following-designated condemnation

proceedings in the Superior Court of Guam, being the same property

quitclaimed by the Naval Government of Guam to the United States of

America by deed dated July 31, 1950, and filed for record with the

Land Registrar of Guam on August 4, 1950 (Presentation No. 22063):

Condemnation Perimeter Facility

proceedings area

Civil No.

--------------------------------------------------------------------

Acres

2-48 4,566.757 North Field.

5-48 9.372 Mt. Santa Rosa Water Reservoir

and Supply Lines.

6-48 5.990 Mt. Santa Rosa-Marbo Water Lines.

7-48 5.990 Tumon Maui Well Site.

2-49 4,803.000 Naval Ammunition Depot.

3-49 44.651 Primary Transmission Line.

4-49 12.169 Mt. Santa Rosa-Marbo Water Line

Easement.

5-49 6,332.000 Apra Harbor Reservation.

2-50 6.450 Aceorp Tunnel.

3-50 35.391 Camp Dealy.

4-50 0.637 Tumon Bay Recreation Area Utility

Lines.

5-50 24.914 Agana Springs.

6-50 41.360 Asan Point Tank Farm.

7-50 85.032 Asan Point Housing.

8-50 137.393 Medical Center.

9-50 45.630 Agafo Gumas.

10-50 4,798.682 Naval Communication Station.

11-50 11.726 Nimitz Beach.

12-50 800.443 Command Center.

13-50 4,901.100 Tarague Natural Wells.

14-50 5.945 Agana Diesel Electric Generating

plant.

15-50 23.708 Mt. Santa Rosa Haul Road, Water

Reservoir and Supply Lines, VHF

Relay Station, Mt. Santa

Rosa-Marbo Water Line.

16-50 4,562.107 Northwest Air Force Base.

18-50 60.480 Marbo Base Command Area - Sewage

Disposal.

19-50 21.695 Loran Station, Cocos Island.

20-50 15.322 Av-Gas Tank Farm 1B12.

21-50 1,820.148 Proposed Boundary of NAS Agana,

Housing Area 1B7.

22-50 37.519 C. A. A. Site (Area 1B90.)

23-50 3.575 Tumon Maui Well (Water Tunnel).

24-50 49.277 Tumon Bay Recreation Area (Road

and AV-Gas Fuel Line Parcel 1B1.

25-50 0.208 Utility Easement from Rt. 1B1 to

Rt. 1B6 Coontz Junction).

26-50 65.300 Tumon Bay Recreation Area (Area

1B78).

27-50 2,497.400 Marbo Base Command.

28-50 0.918 Mt. Tenjo VHF Station Site.

29-50 285.237 Sasa Valley Tank Farm (Area 1B78).

30-50 17.793 Sub Transmission System Piti

Steam Plant to Command Center.

31-50 28.888 Route 1B1 (Marine Drive)

(Portion).

32-50 94.000 Sub Transmission System (34 KV

Line) Piti Steam Plant to Agana

Diesel Plant and POL System Sasa

Valley Tank Farm to NAS Agana.

33-50 953.000 Harmon Air Force Base.

34-50 2,922.000 Radio Barrigada.

35-50 25.000 AACS Radio Range (Area 1B30).

36-50 37.000 Water Line Apra Heights Reservoir

to Fena Pump Station and Av-Gas

Fuel System.

37-50 2,185.000 Fena River Reservoir.

--------------------------------------------------------------------

(b) The road system and utilities systems described in the said

deed between the Naval Government of Guam and the United States of

America dated July 31, 1950.

(c) The following-described areas: Mount Lam Lam Light; Rear

Range Light; Mount Aluton Light; Area Number 35 Culverts; Mount

Santa Rosa Light; 36 acres of Camp Witek; Adelup Reservoir;

Tripartite Seismograph Station Site, Land Unit M, Section 2, Land

Square 20; the Power Sub-station located on Lot 266, Municipality

of Agat adjacent to Erskine Drive, City of Agat.

(d) Lots 2285-5 and 2306-1 in Barrigada.

(e) All personal property relating to or used in connection with

any of the above-described real property.

2. The following-described real property of the United States in

Guam is hereby reserved to the United States and transferred to the

administrative supervision of the Secretary of the Interior, and

shall be available for disposition by the Secretary of the Interior

in his discretion under section 28(c) of the said Organic Act of

Guam [subsection (c) of this section]:

All of those lands which have been selected by the Secretary of

the Navy for transfer or sale pursuant to the act of November 15,

1945, 59 Stat. 584, to persons in replacement of lands acquired for

military or naval purposes in Guam, a list and description of such

lands being on file in the Department of the Navy.

3. In addition to the personal property described in paragraph

1(e) hereof, there is hereby reserved to the United States all

personal property of the United States in Guam, except that which

is transferred to the government of Guam by or pursuant to section

28 (a) of the Organic Act of Guam, which on the date of this order

is in the custody or control of the Department of the Army, the

Department of the Navy, the Department of the Air Force, the Coast

Guard, or any other department or agency of the United States; and

all such personal property shall remain in the custody and control

of the department or agency having custody and control thereof on

the date of this order.

Harry S Truman.

-End-

-CITE-

48 USC Sec. 1421f-1 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1421f-1. Acknowledgment of deeds

-STATUTE-

Deeds and other instruments affecting land situate in the

District of Columbia or any Territory of the United States may be

acknowledged in the islands of Guam and Samoa or in the Canal Zone

before any notary public or judge appointed therein by proper

authority, or by any officer therein who has ex officio the powers

of a notary public: Provided, That the certificate by such notary

in Guam, Samoa, or the Canal Zone, as the case may be, shall be

accompanied by the certificate of the governor or acting governor

of such place to the effect that the notary taking said

acknowledgment was in fact the officer he purported to be; and any

deeds or other instruments affecting lands so situate, so

acknowledged since the first day of January, 1905, and accompanied

by such certificate shall have the same effect as such deeds or

other instruments hereafter so acknowledged and certified.

-SOURCE-

(June 28, 1906, ch. 3585, 34 Stat. 552.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in text, see section

3602(b) of Title 22, Foreign Relations and Intercourse.

-COD-

CODIFICATION

Section was not enacted as part of the Organic Act of Guam which

comprises this chapter.

Section is also classified to section 1663 of this title.

Section was formerly classified to sections 1358 and 1432 of this

title.

-End-

-CITE-

48 USC Sec. 1421g 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1421g. Establishment and maintenance of public bodies and

offices

-STATUTE-

(a) Public health services

Subject to the laws of Guam, the Governor shall establish,

maintain, and operate public-health services in Guam, including

hospitals, dispensaries, and quarantine stations, at such places in

Guam as may be necessary, and he shall promulgate quarantine and

sanitary regulations for the protection of Guam against the

importation and spread of disease.

(b) Public educational system

The Government of Guam shall provide an adequate public

educational system of Guam, and to that end shall establish,

maintain, and operate public schools according to the laws of Guam.

(c) Office of Public Prosecutor; Office of Public Auditor

The Government of Guam may by law establish an Office of Public

Prosecutor and an Office of Public Auditor. The Public Prosecutor

and Public Auditor may be removed as provided by the laws of Guam.

(d) Attorney General

(1) The Attorney General of Guam shall be the Chief Legal Officer

of the Government of Guam. At such time as the Office of the

Attorney General of Guam shall next become vacant, the Attorney

General of Guam shall be appointed by the Governor of Guam with the

advice and consent of the legislature, and shall serve at the

pleasure of the Governor of Guam.

(2) Instead of an appointed Attorney General, the legislature

may, by law, provide for the election of the Attorney General of

Guam by the qualified voters of Guam in general elections after

1998 in which the Governor of Guam is elected. The term of an

elected Attorney General shall be 4 years. The Attorney General may

be removed by the people of Guam according to the procedures

specified in section 1422d of this title or may be removed for

cause in accordance with procedures established by the legislature

in law. A vacancy in the office of an elected Attorney General

shall be filled -

(A) by appointment by the Governor of Guam if such vacancy

occurs less than 6 months before a general election for the

Office of Attorney General of Guam; or

(B) by a special election held no sooner than 3 months after

such vacancy occurs and no later than 6 months before a general

election for Attorney General of Guam, and by appointment by the

Governor of Guam pending a special election under this

subparagraph.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 29, 64 Stat. 392; Pub. L. 99-396,

Secs. 5, 13, Aug. 27, 1986, 100 Stat. 839, 842; Pub. L. 105-291,

Sec. 2, Oct. 27, 1998, 112 Stat. 2785.)

-MISC1-

AMENDMENTS

1998 - Subsec. (d). Pub. L. 105-291 added subsec. (d).

1986 - Subsec. (b). Pub. L. 99-396, Sec. 13(a)(1), substituted

"according to the laws of Guam" for "at such places in Guam as may

be necessary".

Pub. L. 99-396, Sec. 5, substituted "Government of Guam" for

"Governor".

Subsec. (c). Pub. L. 99-396, Sec. 13(a)(2), added subsec. (c).

-End-

-CITE-

48 USC Sec. 1421h 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1421h. Duties, taxes, and fees; proceeds collected to

constitute fund for benefit of Guam; prerequisites, amount, etc.,

remitted prior to commencement of next fiscal year

-STATUTE-

All customs duties and Federal income taxes derived from Guam,

the proceeds of all taxes collected under the internal-revenue laws

of the United States on articles produced in Guam and transported

to the United States, its Territories, or possessions, or consumed

in Guam, and the proceeds of any other taxes which may be levied by

the Congress on the inhabitants of Guam (including, but not limited

to, compensation paid to members of the Armed Forces and pensions

paid to retired civilians and military employees of the United

States, or their survivors, who are residents of, or who are

domiciled in, Guam), and all quarantine, passport, immigration, and

naturalization fees collected in Guam shall be covered into the

treasury of Guam and held in account for the government of Guam,

and shall be expended for the benefit and government of Guam in

accordance with the annual budgets; except that nothing in this

chapter shall be construed to apply to any tax imposed by chapter 2

or 21 of the Internal Revenue Code of 1986 [26 U.S.C. 1401 et seq.,

3101 et seq.]. Beginning as soon as the government of Guam enacts

legislation establishing a fiscal year commencing on October 1 and

ending on September 30, the Secretary of the Treasury, prior to the

commencement of any fiscal year, shall remit to the government of

Guam the amount of duties, taxes, and fees which the governor of

Guam, with the concurrence of the government comptroller of Guam,

has estimated will be collected in or derived from Guam under this

section during the next fiscal year, except for those sums covered

directly upon collection into the treasury of Guam. The Secretary

of the Treasury shall deduct from or add to the amounts so remitted

the difference between the amount of duties, taxes, and fees

actually collected during the prior fiscal year and the amount of

such duties, taxes, and fees as estimated and remitted at the

beginning of that prior fiscal year, including any deductions which

may be required as a result of the operation of Public Law 94-395

(90 Stat. 1199) or Public Law 88-170, as amended (82 Stat. 863).

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 30, 64 Stat. 392; Pub. L. 86-778,

title I, Sec. 103(u), Sept. 13, 1960, 74 Stat. 941; Pub. L. 95-348,

Sec. 1(c), Aug. 18, 1978, 92 Stat. 488; Pub. L. 98-454, title VI,

Sec. 601(h), Oct. 5, 1984, 98 Stat. 1736; Pub. L. 99-514, Sec. 2,

Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-

REFERENCES IN TEXT

The internal-revenue laws of the United States, referred to in

text, are classified generally to Title 26, Internal Revenue Code.

Public Law 94-395 (90 Stat. 1199), referred to in text, was

enacted Sept. 3, 1976, and amended section 1423a of this title.

Public Law 88-170, as amended (82 Stat. 863), referred to in

text, is Pub. L. 88-170, Nov. 4, 1963, 77 Stat. 302, as amended by

Pub. L. 90-511, Sept. 24, 1968, 82 Stat. 863, which is not

classified to the Code.

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-514 substituted "Internal Revenue Code of 1986"

for "Internal Revenue Code of 1954".

1984 - Pub. L. 98-454 inserted "(including, but not limited to,

compensation paid to members of the Armed Forces and pensions paid

to retired civilians and military employees of the United States,

or their survivors, who are residents of, or who are domiciled in,

Guam)" after "inhabitants of Guam" in first sentence.

1978 - Pub. L. 95-348 inserted provisions relating to

authorization, amount, computation, etc., of remittance, prior to

commencement of any fiscal year, of duties, taxes, and fees to be

collected in or derived from Guam under this section during that

next fiscal year.

1960 - Pub. L. 86-778 inserted clause providing that nothing in

this chapter shall be construed to apply to any tax imposed by

chapter 2 or 21 of title 26.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1423a of this title; title

26 section 7651.

-End-

-CITE-

48 USC Sec. 1421i 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1421i. Income tax

-STATUTE-

(a) Applicability of Federal laws; separate tax

The income-tax laws in force in the United States of America and

those which may hereafter be enacted shall be held to be likewise

in force in Guam: Provided, That notwithstanding any other

provision of law, the Legislature of Guam may levy a separate tax

on all taxpayers in an amount not to exceed 10 per centum of their

annual income tax obligation to the Government of Guam.

(b) Guam Territorial income tax

The income-tax laws in force in Guam pursuant to subsection (a)

of this section shall be deemed to impose a separate Territorial

income tax, payable to the government of Guam, which tax is

designated the "Guam Territorial income tax".

(c) Enforcement of tax

The administration and enforcement of the Guam Territorial income

tax shall be performed by or under the supervision of the Governor.

Any function needful to the administration and enforcement of the

income-tax laws in force in Guam pursuant to subsection (a) of this

section shall be performed by any officer or employee of the

government of Guam duly authorized by the Governor (either

directly, or indirectly by one or more redelegations of authority)

to perform such function.

(d) "Income-tax laws" defined; administration and enforcement;

rules and regulations

(1) The income-tax laws in force in Guam pursuant to subsection

(a) of this section include but are not limited to the following

provisions of the Internal Revenue Code of 1986, where not

manifestly inapplicable or incompatible with the intent of this

section: Subtitle A [26 U.S.C. 1 et seq.] (not including chapter 2

[26 U.S.C. 1401 et seq.] and section 931 [26 U.S.C. 931]); chapters

24 and 25 of subtitle C [26 U.S.C. 3401 et seq. and 3501 et seq.],

with reference to the collection of income tax at source on wages;

and all provisions of subtitle F [26 U.S.C. 6001 et seq.] which

apply to the income tax, including provisions as to crimes, other

offenses, and forfeitures contained in chapter 75 [26 U.S.C. 7201

et seq.]. For the period after 1950 and prior to the effective date

of the repeal of any provision of the Internal Revenue Code of 1939

which corresponds to one or more of those provisions of the

Internal Revenue Code of 1986 which are included in the income-tax

laws in force in Guam pursuant to subsection (a) of this section,

such income-tax laws include but are not limited to such provisions

of the Internal Revenue Code of 1939.

(2) The Governor or his delegate shall have the same

administrative and enforcement powers and remedies with regard to

the Guam Territorial income tax as the Secretary of the Treasury,

and other United States officials of the executive branch, have

with respect to the United States income tax. Needful rules and

regulations not inconsistent with the regulations prescribed under

section 7654(e) of the Internal Revenue Code of 1986 [26 U.S.C.

7654(e)] for enforcement of the Guam Territorial income tax shall

be prescribed by the Governor. The Governor or his delegate shall

have authority to issue, from time to time, in whole or in part,

the text of the income-tax laws in force in Guam pursuant to

subsection (a) of this section.

(3) In applying as the Guam Territorial income tax the income-tax

laws in force in Guam pursuant to subsection (a) of this section,

the rate of tax under sections 871, 881, 884, 1441, 1442, 1443,

1445, and 1446 of the Internal Revenue Code of 1986 [26 U.S.C. 871,

881, 884, 1441, 1442, 1443, 1445, and 1446] on any item of income

from sources within Guam shall be the same as the rate which would

apply with respect to such item were Guam treated as part of the

United States for purposes of the treaty obligations of the United

States. The preceding sentence shall not apply to determine the

rate of tax on any item of income received from a Guam payor if,

for any taxable year, the taxes of the Guam payor were rebated

under Guam law. For purposes of this subsection, the term "Guam

payor" means the person from whom the item of income would be

deemed to be received for purposes of claiming treaty benefits were

Guam treated as part of the United States.

(e) Substitution of terms

In applying as the Guam Territorial income tax the income-tax

laws in force in Guam pursuant to subsection (a) of this section,

except where it is manifestly otherwise required, the applicable

provisions of the Internal Revenue Codes of 1986 and 1939, shall be

read so as to substitute "Guam" for "United States", "Governor or

his delegate" for "Secretary or his delegate", "Governor or his

delegate" for "Commissioner of Internal Revenue" and "Collector of

Internal Revenue", "District Court of Guam" for "district court"

and with other changes in nomenclature and other language,

including the omission of inapplicable language, where necessary to

effect the intent of this section.

(f) Criminal offenses; prosecution

Any act or failure to act with respect to the Guam Territorial

income tax which constitutes a criminal offense under chapter 75 of

subtitle F of the Internal Revenue Code of 1986 [26 U.S.C. 7201 et

seq.], or the corresponding provisions of the Internal Revenue Code

of 1939, as included in the income-tax laws in force in Guam

pursuant to subsection (a) of this section, shall be an offense

against the government of Guam and may be prosecuted in the name of

the government of Guam by the appropriate officers thereof.

(g) Liens

The government of Guam shall have a lien with respect to the Guam

Territorial income tax in the same manner and with the same effect,

and subject to the same conditions, as the United States has a lien

with respect to the United States income tax. Such lien in respect

of the Guam Territorial income tax shall be enforceable in the name

of and by the government of Guam. Where filing of a notice of lien

is prescribed by the income-tax laws in force in Guam pursuant to

subsection (a) of this section, such notice shall be filed in the

Office of the Clerk of the District Court of Guam.

(h) Jurisdiction of District Court; suits for recovery or

collection of taxes; payment of judgment

(1) Notwithstanding any provision of section 1424 of this title

or any other provision of law to the contrary, the District Court

of Guam shall have exclusive original jurisdiction over all

judicial proceedings in Guam, both criminal and civil, regardless

of the degree of the offense or of the amount involved, with

respect to the Guam Territorial income tax.

(2) Suits for the recovery of any Guam Territorial income tax

alleged to have been erroneously or illegally assessed or

collected, or of any penalty claimed to have been collected without

authority, or of any sum alleged to have been excessive or in any

manner wrongfully collected, under the income-tax laws in force in

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

of the amount of claim, be maintained against the government of

Guam subject to the same statutory requirements as are applicable

to suits for the recovery of such amounts maintained against the

United States in the United States district courts with respect to

the United States income tax. When any judgment against the

government of Guam under this paragraph has become final, the

Governor shall order the payment of such judgments out of any

unencumbered funds in the treasury of Guam.

(3) Execution shall not issue against the Governor or any officer

or employee of the government of Guam on a final judgment in any

proceeding against him for any acts or for the recovery of money

exacted by or paid to him and subsequently paid into the treasury

of Guam, in performing his official duties under the income-tax

laws in force in Guam pursuant to subsection (a) of this section,

if the court certifies that -

(A) probable cause existed; or

(B) such officer or employee acted under the directions of the

Governor or his delegate.

When such certificate has been issued, the Governor shall order

the payment of such judgment out of any unencumbered funds in the

treasury of Guam.

(4) A civil action for the collection of the Guam Territorial

income tax, together with fines, penalties, and forfeitures, or for

the recovery of any erroneous refund of such tax, may be brought in

the name of and by the government of Guam in the District Court of

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

having the jurisdiction of a district court of the United States.

(5) The jurisdiction conferred upon the District Court of Guam by

this subsection shall not be subject to transfer to any other court

by the legislature, notwithstanding section 1424(a) of this title.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 31, 64 Stat. 392; Pub. L. 85-688, Sec.

1, Aug. 20, 1958, 72 Stat. 681; Pub. L. 92-606, Sec. 1(d), Oct. 31,

1972, 86 Stat. 1497; Pub. L. 95-134, title II, Sec. 203(c), Oct.

15, 1977, 91 Stat. 1162; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100

Stat. 2095; Pub. L. 107-212, Sec. 2(a), Aug. 21, 2002, 116 Stat.

1051.)

-REFTEXT-

REFERENCES IN TEXT

The income tax laws, referred to in subsec. (a), are classified

generally to Title 26, Internal Revenue Code.

The Internal Revenue Code of 1986, referred to in subsecs. (d) to

(f), is classified generally to Title 26.

The Internal Revenue Code of 1939, referred to in subsecs.

(d)(1), (e), and (f), was generally repealed by section 7851 of the

Internal Revenue Code of 1986, Title 26. For table of comparisons

of the 1939 Code to the 1986 Code, see Table I preceding section 1

of Title 26, Internal Revenue Code. See also section 7852(b) of

Title 26, Internal Revenue Code, for provision that references in

any other law to a provision of the 1939 Code, unless expressly

incompatible with the intent thereof, shall be deemed a reference

to the corresponding provision of the 1986 Code.

Subtitle A (not including chapter 2 and section 931) and chapters

24 and 25 of subtitle C, referred to in subsec. (d)(1), and

subtitle F and chapter 75, referred to in subsecs. (d)(1) and (f),

mean subtitle A (Sec. 1 et seq.), chapter 2 (Sec. 1401 et seq.) of

subtitle A, chapters 24 (Sec. 3401 et seq.) and 25 (Sec. 3501 et

seq.) of subtitle C, subtitle F (Sec. 6001 et seq.) and chapter 75

(Sec. 7201 et seq.) of subtitle F, respectively, of Title 26.

-MISC1-

AMENDMENTS

2002 - Subsec. (d)(3). Pub. L. 107-212 added par. (3).

1986 - Subsecs. (d) to (f). Pub. L. 99-514 substituted "Internal

Revenue Code of 1986" for "Internal Revenue Code of 1954" wherever

appearing.

1977 - Subsec. (a). Pub. L. 95-134 inserted provision that the

Legislature of Guam may levy a separate tax on taxpayers in an

amount not to exceed 10 per centum of their annual income tax

obligation to the Government of Guam.

1972 - Subsec. (d)(2). Pub. L. 92-606 substituted "Needful rules

and regulations not inconsistent with the regulations prescribed

under section 7654(e) of the Internal Revenue Code of 1954" for

"Needful rules and regulations".

1958 - Subsec. (a). Pub. L. 85-688 designated existing provisions

as subsec. (a).

Subsecs. (b) to (h). Pub. L. 85-688 added subsecs. (b) to (h).

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-212, Sec. 2(b), Aug. 21, 2002, 116 Stat. 1051,

provided that: "The amendment made by subsection (a) [amending this

section] shall apply to amounts paid after the date of the

enactment of the Act [Aug. 21, 2002]."

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-606 applicable with respect to taxable

years beginning after Dec. 31, 1972, see section 2 of Pub. L.

92-606, set out in part as a note under section 931 of Title 26,

Internal Revenue Code.

EFFECTIVE DATE

Section became effective Jan. 1, 1951, by provision of Ex. Ord.

No. 10211 eff. Feb. 6, 1951, 16 F.R. 1167.

AUTHORITY OF GUAM, AMERICAN SAMOA, AND THE NORTHERN MARIANA ISLANDS

TO ENACT REVENUE LAWS

See section 1271 of Pub. L. 99-514, set out as a note under

section 931 of Title 26, Internal Revenue Code.

RATIFICATION OF ASSESSMENTS AND COLLECTIONS MADE BEFORE AUGUST 20,

1958

Section 2 of Pub. L. 85-688 provided that income taxes assessed

prior to Aug. 20, 1958, by the authorities of the government of

Guam pursuant to, or under color of, this section, the collection

of such taxes, and all acts done to effectuate such assessment and

collection were legalized, ratified and confirmed as fully, to all

intents and purposes, as if subsecs. (b) to (h) of this section,

had then been in full force and effect.

-End-

-CITE-

48 USC Sec. 1421j 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1421j. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated annually by the Congress

of the United States such sums as may be necessary and appropriate

to carry out the provisions and purposes of this chapter.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 32, 64 Stat. 392.)

-MISC1-

ELIMINATION OF GENERAL FUND DEFICITS OF GUAM AND VIRGIN ISLANDS

For authorization of appropriations for assistance to the

governments of Guam and the Virgin Islands in elimination of

general fund deficits, see Pub. L. 96-597, title VI, Sec. 607, Dec.

24, 1980, 94 Stat. 3483, set out as a note under section 1641 of

this title.

-End-

-CITE-

48 USC Sec. 1421k 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1421k. Designation of naval or military reservations; closed

port

-STATUTE-

Nothing contained in this chapter shall be construed as limiting

the authority of the President to designate parts of Guam as naval

or military reservations, nor to restrict his authority to treat

Guam as a closed port with respect to the vessels and aircraft of

foreign nations.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 33, 64 Stat. 393.)

-MISC1-

SUBMERGED LANDS, CONVEYANCE TO TERRITORY

Conveyance of submerged lands to the government of Guam, see

section 1701 et seq. of this title.

-End-

-CITE-

48 USC Sec. 1421k-1 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1421k-1. Repealed. Pub. L. 104-186, title II, Sec. 224(2),

Aug. 20, 1996, 110 Stat. 1752

-MISC1-

Section, act Aug. 1, 1950, ch. 512, Sec. 35, as added May 27,

1975, Pub. L. 94-26, Sec. 1, 89 Stat. 94, related to clerk hire

allowance and reimbursement for transportation expenses of the

Delegate from Guam to the House of Representatives.

-End-

-CITE-

48 USC Sec. 1421l 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1421l. Repealed. June 27, 1952, ch. 477, Sec. 403(a)(42), 66

Stat. 280

-MISC1-

Section, act Oct. 14, 1940, ch. 876, Sec. 206, as added Aug. 1,

1950, ch. 512, Sec. 4(a), 64 Stat. 384, granted United States

citizenship to persons born or living on Guam on or after Apr. 11,

1899.

-End-

-CITE-

48 USC Sec. 1421m 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1421m. Repealed. Pub. L. 91-513, title III, Sec. 1101(a)(8),

Oct. 27, 1970, 84 Stat. 1292

-MISC1-

Section, act Aug. 1, 1956, ch. 852, Sec. 15, 70 Stat. 910,

prohibited production, manufacture, compounding, possession, sale,

dispensation, administration, or transportation of marihuana in

Guam. See section 801 et seq. of Title 21, Food and Drugs. Section

was not enacted as part of the Organic Act of Guam which comprises

this chapter.

EFFECTIVE DATE OF REPEAL

Repeal effective on first day of seventh calendar month that

begins after Oct. 26, 1970, see section 1105(a) of Pub. L. 91-513,

set out as an Effective Date note under section 951 of Title 21,

Food and Drugs.

SAVINGS PROVISION

Prosecutions for any violation of law occurring, and civil

seizures or forfeitures and injunction proceedings commenced, prior

to the effective date of repeal of this section by section 1101 of

Pub. L. 91-513 not to be affected or abated by reason thereof, see

section 1103 of Pub. L. 91-513, set out as a note under section 171

of Title 21, Food and Drugs.

-End-

-CITE-

48 USC Sec. 1421n 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1421n. Applicability of Federal copyright laws

-STATUTE-

The laws of the United States relating to copyrights, and to the

enforcement of rights arising thereunder, shall have the same force

and effect in Guam as in the continental United States.

-SOURCE-

(Aug. 1, 1956, ch. 852, Sec. 24, 70 Stat. 911.)

-REFTEXT-

REFERENCES IN TEXT

The laws of the United States relating to copyrights, referred to

in text, are classified generally to Title 17, Copyrights.

-COD-

CODIFICATION

Section was not enacted as part of the Organic Act of Guam which

comprises this chapter.

-End-

-CITE-

48 USC Sec. 1421o 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1421o. Federal assistance for fire control, watershed

protection, and reforestation

-STATUTE-

The Secretary of Agriculture is authorized to provide financial

and technical assistance to Guam for improving fire control,

watershed protection and reforestation, consistent with existing

laws, administered by the Secretary of Agriculture, which are

applicable to the continental United States. The program authorized

by this section shall be developed in cooperation with the

territorial government of Guam and shall be covered by a memorandum

of understanding agreed to by the territorial government and the

Department. The Secretary may also utilize the agencies,

facilities, and employees of the Department, and may cooperate with

other public agencies and with private organizations and

individuals in Guam and elsewhere.

-SOURCE-

(Pub. L. 93-421, Sec. 1, Sept. 19, 1974, 88 Stat. 1154.)

-COD-

CODIFICATION

Section was not enacted as part of the Organic Act of Guam which

comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1421p of this title.

-End-

-CITE-

48 USC Sec. 1421p 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1421p. Authorization of appropriations

-STATUTE-

There are hereby authorized to be appropriated such sums as may

be necessary to carry out the purposes of section 1421o of this

title. Sums appropriated in pursuance of sections 1421o and 1421p

of this title may be allocated to such agencies of the Department

as are concerned with the administration of the program in Guam.

-SOURCE-

(Pub. L. 93-421, Sec. 2, Sept. 19, 1974, 88 Stat. 1154.)

-COD-

CODIFICATION

Section was not enacted as part of the Organic Act of Guam which

comprises this chapter.

-End-

-CITE-

48 USC Sec. 1421q 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1421q. Applicability of Federal laws

-STATUTE-

The laws of the United States which are made applicable to the

Northern Mariana Islands by the provisions of section 502(a)(1) of

H.J. Res. 549,(!1) as approved by the House of Representatives and

the Senate, except for section 228 of title II [42 U.S.C. 428] and

title XVI of the Social Security Act [42 U.S.C. 1381 et seq.] as it

applies to the several States and the Micronesia Claims Act [50

App. U.S.C. 2018 et seq.] as it applies to the Trust Territory of

the Pacific Islands, shall be made applicable to Guam on the same

terms and conditions as such laws are applied to the Northern

Mariana Islands.

-SOURCE-

(Pub. L. 94-255, Sec. 2, Apr. 1, 1976, 90 Stat. 300.)

-REFTEXT-

REFERENCES IN TEXT

Section 502(a)(1) of H.J. Res. 549, referred to in text, probably

means section 502(a)(1) of the Covenant to Establish a Commonwealth

of the Northern Mariana Islands in Political Union with the United

States of America, which is contained in section 1 of Pub. L.

94-241, set out as a note under section 1801 of this title.

The Social Security Act, referred to in text, is act Aug. 14,

1935, ch. 531, 49 Stat. 620, as amended. Title XVI of the Social

Security Act is classified generally to subchapter XVI (Sec. 1381

et seq.) of chapter 7 of Title 42, The Public Health and Welfare.

For complete classification of this Act to the Code, see section

1305 of Title 42 and Tables.

The Micronesia Claims Act, referred to in text, probably means

the Micronesian Claims Act of 1971, Pub. L. 92-39, July 1, 1971, 85

Stat. 92, as amended, which was classified generally to section

2018 et seq. of Title 50, Appendix, War and National Defense, and

which was omitted from the Code as terminated Aug. 3, 1976.

-COD-

CODIFICATION

Section was not enacted as part of the Organic Act of Guam which

comprises this chapter.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

48 USC Sec. 1421q-1 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1421q-1. Applicability of laws referred to in section

502(a)(1) of Covenant to Establish a Commonwealth of the Northern

Mariana Islands

-STATUTE-

Effective on the date when section 502 of the Covenant to

Establish a Commonwealth of the Northern Mariana Islands in

Political Union With the United States of America, approved by

joint resolution approved on March 24, 1976 (90 Stat. 263) goes

into force those laws which are referred to in section 502(a)(1) of

said Covenant, except for any laws administered by the Social

Security Administration, except for medicaid which is now

administered by the Health Care Financing Administration, and

except the Micronesian Claims Act of 1971 (85 Stat. 96) shall be

applicable to the territories of Guam and the Virgin Islands on the

same terms and conditions as such laws are applied to the Northern

Mariana Islands.

-SOURCE-

(Pub. L. 95-134, title IV, Sec. 403, Oct. 15, 1977, 91 Stat. 1163;

Pub. L. 95-135, Sec. 1, Oct. 15, 1977, 91 Stat. 1166.)

-REFTEXT-

REFERENCES IN TEXT

The Covenant to Establish a Commonwealth of the Northern Mariana

Islands in Political Union With the United States of America,

referred to in text, is contained in section 1 of Pub. L. 94-241,

set out as a note under section 1801 of this title. For Jan. 9,

1978, as the date section 502 of the Covenant came into force, see

Proc. No. 4534, Sec. 2, set out as a note under section 1801 of

this title.

The joint resolution approved on March 24, 1976, referred to in

text, is Pub. L. 94-241, Mar. 24, 1976, 90 Stat. 263, as amended,

which is classified generally to subchapter I (Sec. 1801 et seq.)

of chapter 17 of this title. For complete classification of this

Act to the Code, see Tables.

The Micronesian Claims Act of 1971, referred to in text, is Pub.

L. 92-39, July 1, 1971, 85 Stat. 92, as amended, which was

classified generally to section 2018 et seq. of Title 50, Appendix,

War and National Defense, and which was omitted from the Code as

terminated Aug. 3, 1976.

-COD-

CODIFICATION

Section is also classified to section 1574-1 of this title.

Section was not enacted as part of the Organic Act of Guam which

comprises this chapter.

Section was formerly set out as a note under section 1681 of this

title.

-MISC1-

AMENDMENTS

1977 - Pub. L. 95-135 amended section generally. Prior to

amendment, section read as follows: "Effective on October 15, 1977,

those laws, except for any laws administered by the Social Security

Administration and except for medicaid which is now administered by

the Health Care Financing Administration, which are referred to in

section 502(a)(1) (except for the reference to the Micronesian

Claims Act of 1971 (85 Stat. 96)) of the Covenant to Establish a

Commonwealth of the Northern Mariana Islands in Political Union

With the United States of America, approved by joint resolution

approved on March 24, 1976 (90 Stat. 263), and 502(a)(2) of said

Covenant shall be applicable to the territories of Guam and the

Virgin Islands on the same terms and conditions as such laws are

applied to the Commonwealth of the Northern Mariana Islands."

EFFECTIVE DATE OF 1977 AMENDMENT

Section 2 of Pub. L. 95-135 provided that: "This amendatory joint

resolution [amending this section] shall be effective as of the

approval of said Act entitled 'To authorize certain appropriations

for the territories of the United States, to amend certain Acts

relating thereto, and for other purposes' (enrolled bill H.R. 6550,

Ninety-fifth Congress, first session) [Pub. L. 95-134, approved

Oct. 15, 1977]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1841 of this title.

-End-

-CITE-

48 USC SUBCHAPTER II - THE EXECUTIVE BRANCH 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER II - THE EXECUTIVE BRANCH

-HEAD-

SUBCHAPTER II - THE EXECUTIVE BRANCH

-End-

-CITE-

48 USC Sec. 1422 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER II - THE EXECUTIVE BRANCH

-HEAD-

Sec. 1422. Governor and Lieutenant Governor; term of office;

qualifications; powers and duties; annual report to Congress

-STATUTE-

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 applicable 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 Lieutenant Governor shall be held

on November 3, 1970. Thereafter, beginning with the year 1974, the

Governor and Lieutenant Governor shall be elected every four years

at the general election. The Governor 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 successive

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 citizen 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. The Governor shall maintain his official residence in

Guam during his incumbency.

The Governor shall have general supervision and control of all

the departments, bureaus, agencies, and other instrumentalities of

the executive branch of the government of Guam. He may grant

pardons and reprieves and remit fines and forfeitures for offenses

against local laws. He may veto any legislation as provided in this

chapter. He shall appoint, and may remove, all officers and

employees of the executive branch of the government of Guam, except

as otherwise provided in this or any other Act of Congress, or

under the laws of Guam, and shall commission all officers that he

may be authorized to appoint. He shall be responsible for the

faithful execution of the laws of Guam and the laws of the United

States applicable in Guam. Whenever it becomes necessary, in case

of disaster, invasion, insurrection, or rebellion, or imminent

danger thereof, or to prevent or suppress lawless violence, he may

summon the posse comitatus or call out the militia or request

assistance of the senior military or naval commander of the Armed

Forces of the United States in Guam, which may be given at the

discretion of such commander if not disruptive of, or inconsistent

with, his Federal responsibilities. He may, in case of rebellion or

invasion, or imminent danger thereof, when the public safety

requires it, proclaim the island, insofar as it is under the

jurisdiction of the government of Guam, to be under martial law.

The members of the legislature shall meet forthwith on their own

initiative and may, by a two-thirds vote, revoke such proclamation.

The Governor shall prepare, publish, and submit to the Congress

and the Secretary of the Interior a comprehensive annual financial

report in conformance with the standards of the National Council on

Governmental Accounting within one hundred and twenty days after

the close of the fiscal year. The comprehensive annual financial

report shall include statistical data as set forth in the standards

of the National Council on Governmental Accounting relating to the

physical, economic, social, and political characteristics of the

government, and any other information required by the Congress. The

Governor shall also make such other reports at such other times as

may be required by the Congress or under applicable Federal law. He

shall have the power to issue executive orders and regulations not

in conflict with any applicable law. He may recommend bills to the

legislature and give expression to his views on any matter before

that body.

There is hereby established the office of Lieutenant Governor of

Guam. The Lieutenant Governor shall have such executive powers and

perform such duties as may be assigned to him by the Governor or

prescribed by this chapter or under the laws of Guam.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 6, 64 Stat. 386; Pub. L. 90-497, Sec.

1, Sept. 11, 1968, 82 Stat. 842; Pub. L. 97-357, title I, Sec.

104(a), Oct. 19, 1982, 96 Stat. 1705; Pub. L. 105-362, title IX,

Sec. 901(m), Nov. 10, 1998, 112 Stat. 3290.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-362, in sixth par., struck out "The Governor

shall transmit the comprehensive annual financial report to the

Inspector General of the Department of the Interior who shall audit

it and report his findings to the Congress." after "other

information required by the Congress." and "He shall also submit to

the Congress, the Secretary of the Interior, and the cognizant

Federal auditors a written statement of actions taken or

contemplated on Federal audit recommendations within sixty days

after the issuance date of the audit report." after "under

applicable Federal law."

1982 - Pub. L. 97-357 substituted provisions relating to

preparation, etc., of a comprehensive annual financial report to be

submitted to the Congress, the Secretary of the Interior, and the

Inspector General of the Department of the Interior, preparation of

other reports as required by Congress or applicable Federal law,

and submittal of a written statement of actions taken or

contemplated on Federal audit recommendations for provisions

relating to an annual report of transactions of the Guam government

to the Secretary of the Interior for transmittal to Congress and

such other reports as required by Congress or applicable Federal

law.

1968 - Pub. L. 90-497 established office of Lieutenant Governor

of Guam, provided for popular election of Governor and Lieutenant

Governor, declared persons elected for two full successive terms as

Governor ineligible to serve again until the lapse of a full

intervening term, set out qualifications of eligibility for

Governor and Lieutenant Governor, and restated powers and duties of

office of Governor.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 13 of Pub. L. 90-497 provided that: "Those provisions

necessary to authorize the holding of an election for Governor and

Lieutenant Governor on November 3, 1970, shall be effective on

January 1, 1970. All other provisions of this Act [see Short Title

of 1968 Amendment note set out under section 1421 of this title],

unless otherwise expressly provided herein, shall be effective

January 4, 1971."

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in the 1st

sentence of the 6th paragraph of this section relating to the

requirement that the Governor submit a comprehensive annual

financial report to Congress, see section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance, and the 9th item on page 115 of House Document No.

103-7.

SUBMERGED LANDS, CONVEYANCE TO TERRITORY

Conveyance of submerged lands to the government of Guam, see

section 1701 et seq. of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1428d of this title.

-End-

-CITE-

48 USC Sec. 1422a 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER II - THE EXECUTIVE BRANCH

-HEAD-

Sec. 1422a. Removal of Governor, Lieutenant Governor, or member of

legislature; referendum election

-STATUTE-

(a) The people of Guam shall have the right of initiative and

referendum, to be exercised under conditions and procedures

specified in the laws of Guam.

(b) Any Governor, Lieutenant Governor, or member of the

legislature of Guam may be removed from office by a referendum

election in which at least two-thirds of the number of persons

voting for such official in the last preceding general election at

which such official was elected vote in favor of recall and in

which those so voting constitute a majority of all those

participating in such referendum election. The referendum election

shall be initiated by the legislature of Guam following (a) a

two-thirds vote of the members of the legislature in favor of a

referendum, or (b) petition for such a referendum to the

legislature by registered voters equal in number to at least 50 per

centum of the whole number of votes cast at the last general

election at which such official was elected preceding the filing of

the petition.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 7, 64 Stat. 387; Pub. L. 90-497, Sec.

2, Sept. 11, 1968, 82 Stat. 844; Pub. L. 97-357, title I, Sec. 101,

Oct. 19, 1982, 96 Stat. 1705.)

-MISC1-

AMENDMENTS

1982 - Subsec. (a). Pub. L. 97-357 added subsec. (a).

Subsec. (b). Pub. L. 97-357 redesignated existing provisions as

subsec. (b) and inserted provisions relating to the removal of a

Lieutenant Governor or member of the legislature of Guam.

1968 - Pub. L. 90-497 substituted provisions for the removal of

the Governor of Guam through a referendum election for provisions

for the appointment, tenure, powers, and duties of the Secretary of

Guam.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-497 necessary to authorize the holding of

an election for Governor and Lieutenant Governor on Nov. 3, 1970,

effective Jan. 1, 1970, and all other amendments unless otherwise

provided effective Jan. 4, 1971, see section 13 of Pub. L. 90-497,

set out as a note under section 1422 of this title.

-End-

-CITE-

48 USC Sec. 1422b 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER II - THE EXECUTIVE BRANCH

-HEAD-

Sec. 1422b. Vacancy in office of Governor or Lieutenant Governor

-STATUTE-

(a) Temporary disability or temporary absence of Governor

In case of the temporary disability or temporary absence of the

Governor, the Lieutenant Governor shall have the powers of the

Governor.

(b) Permanent vacancy in office of Governor

In case of a permanent vacancy in the office of Governor, arising

by reason of the death, resignation, removal by recall, or

permanent disability of the Governor, or the death, resignation, or

permanent disability of a Governor-elect, or for any other reason,

the Lieutenant Governor or Lieutenant Governor-elect shall become

the Governor, to hold office for the unexpired term and until he or

his successor shall have been duly elected and qualified at the

next regular election for Governor.

(c) Temporary disability or temporary absence of Lieutenant

Governor

In case of the temporary disability or temporary absence of the

Lieutenant Governor, or during any period when the Lieutenant

Governor is acting as Governor, the speaker of the Guam Legislature

shall act as Lieutenant Governor.

(d) Permanent vacancy in office of Lieutenant Governor

In case of a permanent vacancy in the office of Lieutenant

Governor, arising by reason of the death, resignation, or permanent

disability of the Lieutenant Governor, or because the Lieutenant

Governor or Lieutenant Governor-elect has succeeded to the office

of Governor, the Governor shall appoint a new Lieutenant Governor,

with the advice and consent of the legislature, to hold office for

the unexpired term and until he or his successor shall have been

duly elected and qualified at the next regular election for

Lieutenant Governor.

(e) Temporary disability or temporary absence of both Governor and

Lieutenant Governor

In case of the temporary disability or temporary absence of both

the Governor and the Lieutenant Governor, the powers of the

Governor shall be exercised, as Acting Governor, by such person as

the laws of Guam may prescribe. In case of a permanent vacancy in

the offices of both the Governor and Lieutenant Governor, the

office of Governor shall be filled for the unexpired term in the

manner prescribed by the laws of Guam.

(f) Additional compensation

No additional compensation shall be paid to any person acting as

Governor or Lieutenant Governor who does not also assume the office

of Governor or Lieutenant Governor under the provisions of this

chapter.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 8, 64 Stat. 387; Pub. L. 87-419, Sec.

1, Mar. 16, 1962, 76 Stat. 34; Pub. L. 90-497, Sec. 3, Sept. 11,

1968, 82 Stat. 844.)

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-497 designated existing provisions as subsec.

(a), substituted provisions that the Lieutenant Governor have the

powers of the Governor in the event of the temporary disability or

temporary absence of the Governor for provisions authorizing the

appointed department head to designate an acting Governor in the

case of a vacancy or temporary absence of both the Governor and the

Secretary of Guam, and added subsecs. (b) to (f).

1962 - Pub. L. 87-419 provided for appointment of an acting

secretary under certain conditions, prescribed the powers of such

secretary and proscribed additional compensation for an acting

Governor or acting secretary.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-497 necessary to authorize the holding of

an election for Governor and Lieutenant Governor on Nov. 3, 1970,

effective Jan. 1, 1970, and all other amendments unless otherwise

provided effective Jan. 4, 1971, see section 13 of Pub. L. 90-497,

set out as a note under section 1422 of this title.

-End-

-CITE-

48 USC Sec. 1422c 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER II - THE EXECUTIVE BRANCH

-HEAD-

Sec. 1422c. Executive agencies and instrumentalities

-STATUTE-

(a) Appointment of heads; establishment of merit system; Civil

Service Commission

The Governor shall, except as otherwise provided in this chapter

or the laws of Guam, appoint, by and with the advice and consent of

the legislature, all heads of executive agencies and

instrumentalities. The legislature shall establish a merit system

and, as far as practicable, appointments and promotions shall be

made in accordance with such merit system. The Government of Guam

may by law establish a Civil Service Commission to administer the

merit system. Members of the commission may be removed as provided

by the laws of Guam.

(b) Powers and duties of officers

All officers shall have such powers and duties as may be

conferred or imposed on them by law or by executive regulation of

the Governor not inconsistent with any law.

(c) Reorganization

The Governor shall, from time to time, examine the organization

of the executive branch of the government of Guam, and shall

determine and carry out such changes therein as are necessary to

promote effective management and to execute faithfully the purposes

of this chapter and the laws of Guam.

(d) Continuation in office of incumbents

All persons holding office in Guam on August 1, 1950 may, except

as otherwise provided in this chapter, continue to hold their

respective offices until their successors are appointed and

qualified.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 9, 64 Stat. 387; Pub. L. 90-497, Sec.

4, Sept. 11, 1968, 82 Stat. 845; Pub. L. 99-396, Sec. 18(a), Aug.

27, 1986, 100 Stat. 843.)

-MISC1-

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-396 inserted provisions

authorizing establishment of Civil Service Commission and removal

of commission members as provided by laws of Guam.

1968 - Subsec. (a). Pub. L. 90-497, Sec. 4(a), struck out

requirement that, in making appointments, preference be given

persons of Guamanian ancestry and that opportunities for higher

education and use of service training facilities be provided to

qualified persons of Guamanian ancestry.

Subsec. (b). Pub. L. 90-497, Sec. 4(b), struck out provision

authorizing the Governor to appoint or remove any officer whose

appointment or removal is not otherwise provided for.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 4(a) of Pub. L 90-497 provided that the amendment made by

such section 4(a) is effective on date of enactment of Pub. L.

90-497, which was approved on Sept. 11, 1968.

Amendment by Pub. L. 90-497 necessary to authorize the holding of

an election for Governor and Lieutenant Governor on Nov. 3, 1970,

effective Jan. 1, 1970, and all other amendments unless otherwise

provided effective Jan. 4, 1971, see section 13 of Pub. L. 90-497,

set out as a note under section 1422 of this title.

-End-

-CITE-

48 USC Sec. 1422d 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER II - THE EXECUTIVE BRANCH

-HEAD-

Sec. 1422d. Transfer of functions from government comptroller for

Guam to Inspector General, Department of the Interior

-STATUTE-

(a) Functions, powers, and duties transferred

The following functions, powers, and duties heretofore vested in

the government comptroller for Guam are hereby transferred to the

Inspector General, Department of the Interior, for the purpose of

establishing an organization which will maintain a satisfactory

level of independent audit oversight of the government of Guam:

(1) The authority to audit all accounts pertaining to the

revenue and receipts of the government of Guam, and of funds

derived from bond issues, and the authority to audit, in

accordance with law and administrative regulations, all

expenditures of funds and property pertaining to the government

of Guam including those pertaining to trust funds held by the

government of Guam.

(2) The authority to report to the Secretary of the Interior

and the Governor of Guam all failures to collect amounts due the

government, and expenditures of funds or uses of property which

are irregular or not pursuant to law.

(b) Scope of authority transferred

The authority granted in paragraph (a) of this section shall

extend to all activities of the government of Guam, and shall be in

addition to the authority conferred upon the Inspector General by

the Inspector General Act of 1978 (92 Stat. 1101), as amended.

(c) Transfer of personnel, assets, etc., of office of government

comptroller for Guam to Office of Inspector General, Department

of the Interior

In order to carry out the provisions of this section, the

personnel, assets, liabilities, contracts, property, records, and

unexpended balances of appropriations, authorizations, allocations,

and other funds employed, held, used, arising from, available or to

be made available, of the office of the government comptroller for

Guam related to its audit function are hereby transferred to the

Office of Inspector General, Department of the Interior.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 9-A, as added Pub. L. 97-357, title I,

Sec. 104(b), Oct. 19, 1982, 96 Stat. 1706.)

-REFTEXT-

REFERENCES IN TEXT

The Inspector General Act of 1978, referred to in subsec. (b), is

Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC1-

PRIOR PROVISIONS

A prior section 1422d, act Aug. 1, 1950, ch. 512, Sec. 9-A, as

added Sept. 11, 1968, Pub. L. 90-497, Sec. 5, 82 Stat. 845; amended

Oct. 15, 1977, Pub. L. 95-134, title II, Sec. 203(a), 91 Stat.

1161, related to the creation, auditing function, and reporting

duty of the office of a government comptroller for Guam, prior to

repeal by Pub. L. 97-357, Sec. 104(b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1421g of this title.

-End-

-CITE-

48 USC SUBCHAPTER III - THE LEGISLATURE 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER III - THE LEGISLATURE

-HEAD-

SUBCHAPTER III - THE LEGISLATURE

-End-

-CITE-

48 USC Sec. 1423 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER III - THE LEGISLATURE

-HEAD-

Sec. 1423. Legislature of Guam

-STATUTE-

(a) Unicameral nature; power

The legislative power and authority of Guam shall be vested in a

legislature, consisting of a single house, to be designated the

"Legislature of Guam", herein referred to as the legislature.

(b) Size of legislature; prohibition against denial of equal

protection; at large and district representation

The legislature shall be composed of not to exceed twenty-one

members, to be known as senators, elected at large, or elected from

legislative districts or elected in part at large and in part from

legislative districts, as the laws of Guam may direct: Provided,

That any districting and any apportionment pursuant to this

authorization and provided for by the laws of Guam shall not deny

to any person in Guam the equal protection of the laws: And

provided further, That in any elections to the legislature, every

elector shall be permitted to vote for the whole number of at-large

candidates to be elected, and every elector residing in a

legislative district shall be permitted to vote for the whole

number of candidates to be elected within that district.

(c) Reapportionment; Federal census base

Any districting and related apportionment pursuant to this

section shall be based upon the then most recent Federal population

census of Guam, and any such districting and apportionment shall be

reexamined following each successive Federal population census of

Guam and shall be modified, if necessary, to be consistent with

that census.

(d) Timing of biennial elections

General elections to the legislature shall be held on the Tuesday

next after the first Monday in November, biennially in

even-numbered years. The legislature in all respects shall be

organized and shall sit according to the laws of Guam.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 10, 64 Stat. 387; Pub. L. 89-552, Sec.

1, Sept. 2, 1966, 80 Stat. 375; Pub. L. 98-213, Sec. 5(b), Dec. 8,

1983, 97 Stat. 1460.)

-MISC1-

AMENDMENTS

1983 - Subsec. (c). Pub. L. 98-213 substituted "Any" for "The

laws of Guam shall not alter the manner in which members of the

legislature are to be elected as provided in subsection (b) of this

section more often than at ten-year intervals: Provided, That any".

1966 - Pub. L. 89-552 authorized election of senators in whole or

in part from legislative districts if the laws of Guam so directed,

provided that the legislators be called senators, prohibited any

districting or apportionment which denied equal protection of the

laws to any person in Guam, required that electors be permitted to

vote for the whole number of candidates to be elected both within

his district and at large, prohibited reapportionment oftener than

at 10-year intervals, and required that any redistricting be based

upon the latest Federal census.

AMENDMENT OF LAWS OF GUAM TO CONFORM TO CHANGES MADE BY PUB. L.

89-552

Section 2 of Pub. L. 89-552 provided that: "As soon as

practicable after enactment of this Act [Sept. 2, 1966], and

subject to the conditions and requirements of section 10 of the

Organic Act of Guam, as amended by section 1 hereof [this section],

the laws of Guam shall be amended to make provision for the manner

of the election of members of the legislature. Until the laws of

Guam shall make such provision the method of electing the

legislature shall remain as it is upon the date of enactment of

this Act."

-End-

-CITE-

48 USC Sec. 1423a 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER III - THE LEGISLATURE

-HEAD-

Sec. 1423a. Power of legislature; limitation on indebtedness of

Guam; bond issues; guarantees for purchase by Federal Financing

Bank of Guam Power Authority bonds or other obligations; interest

rates; default

-STATUTE-

The legislative power of Guam shall extend to all rightful

subjects of legislation not inconsistent with the provisions of

this chapter and the laws of the United States applicable to Guam.

Taxes and assessments on property, internal revenues, sales,

license fees, and royalties for franchises, privileges, and

concessions may be imposed for purposes of the government of Guam

as may be uniformly provided by the Legislature of Guam, and when

necessary to anticipate taxes and revenues, bonds and other

obligations may be issued by the government of Guam: Provided,

however, That no public indebtedness of Guam shall be authorized or

allowed in excess of 10 per centum of the aggregate tax valuation

of the property in Guam. Bonds or other obligations of the

government of Guam payable solely from revenues derived from any

public improvement or undertaking shall not be considered public

indebtedness of Guam within the meaning of this section. All bonds

issued by the government of Guam or by its authority shall be

exempt, as to principal and interest, from taxation by the

Government of the United States or by the government of Guam, or by

any State or Territory or any political subdivision thereof, or by

the District of Columbia. The Secretary of the Interior (hereafter

in this section referred to as "Secretary") is authorized to

guarantee for purchase by the Federal Financing Bank bonds or other

obligations of the Guam Power Authority maturing on or before

December 31, 1978, which shall be issued in order to refinance

short-term notes due or existing on June 1, 1976 and other

indebtedness not evidenced by bonds or notes in an aggregate amount

of not more than $36 million, and such bank, in addition to its

other powers, is authorized to purchase, receive or otherwise

acquire these same. The interest rate on obligations purchased by

the Federal Financing Bank shall be not less than a rate determined

by the Secretary of the Treasury taking into consideration the

current average market yield on outstanding marketable obligations

of the United States of comparable maturities, adjusted to the

nearest one-eighth of 1 per centum, plus 1 per centum per annum.

The Secretary, with the concurrence of the Secretary of the

Treasury, may extend the guarantee provision of the previous

sentence until December 31, 1980. The Secretary, upon determining

that the Guam Power Authority is unable to refinance on reasonable

terms the obligations purchased by the Federal Financing Bank under

the fifth sentence of this section by December 31, 1980, may, with

the concurrence of the Secretary of the Treasury, guarantee for

purchase by the Federal Financing Bank; and such bank is authorized

to purchase, obligations of the Guam Power Authority issued to

refinance the principal amount of the obligations guaranteed under

the fifth sentence of this section. The obligations that refinance

such principal amount shall mature not later than December 31,

1990, and shall bear interest at a rate determined in accordance

with section 2285 of title 12. At the request of the Board of

Directors of the Guam Power Authority for a second refinancing

agreement and conditioned on the approval of the Government of Guam

pursuant to the law of Guam, and conditioned on the establishment

of an independent rate-making authority by the Government of Guam,

the Secretary may guarantee for purchase by the Federal Financing

Bank, on or before December 31, 1984, according to an agreement

that shall provide for -

(a) substantially equal semiannual installments of principal

and interest;

(b) maturity of obligations no later than December 31, 2004;

(c) authority for the Secretary, should there be a violation of

a provision of this legislation, or covenants or stipulations

contained in the refinancing document and after giving sixty days

notice of such violation to the Guam Power Authority and the

Governor of Guam, to dismiss members of the Board of Directors or

the general manager of the Guam Power Authority, and (1) appoint

in their place members or a general manager who shall serve at

the pleasure of the Secretary, or (2) contract for the management

of the Guam Power Authority; and

(d) an annual simple interest rate of seven per centum; and

the Federal Financing Bank shall purchase such Guam Power Authority

obligations if such Guam Power Authority obligations are issued to

refinance the principal amount scheduled to mature on December 31,

1990. Should such second refinancing occur, (1) the independent

rate-making authority to be established by the Government of Guam,

or in its absence, the Board of Directors of the Guam Power

Authority, shall establish rates sufficient to satisfy all

financial obligations and future capital investment needs of the

Guam Power Authority that shall be consistent with generally

accepted rate-making practices of public utilities, and (2) the

Government of Guam shall not modify the requirements of such

refinancing agreement without agreement of the Secretary. There are

authorized to be appropriated to the Secretary of the Interior for

payment to the Federal Financing Bank such sums as are necessary to

pay (1) the repurchase payment required under the fifth paragraph

of the December 31, 1980, note from the Guam Power Authority to the

Federal Financing Bank and any subsequent repurchase payments

required under the second refinancing agreement, and (2) the

interest rate differential between the seven per centum to be paid

by the Guam Power Authority and the second refinancing agreement

and the interest rate that would otherwise be determined in

accordance with the above cited section 2285 of title 12. Should

the Guam Power Authority fail to pay in full any installment of

interest or principal when due on the bonds or other obligations

guaranteed under this section, the Secretary of the Treasury, upon

notice from the Secretary shall deduct and pay to the Federal

Financing Bank or the Secretary, according to their respective

interests, such unpaid amounts from sums collected and payable

pursuant to section 1421h of this title. Notwithstanding any other

provision of law, Acts making appropriations may provide for the

withholding of any payments from the United States to the

government of Guam which may be or may become due pursuant to any

law and offset the amount of such withheld payments against any

claim the United States may have against the government of Guam or

the Guam Power Authority pursuant to this guarantee. For the

purpose of this chapter, under section 3713(a) of title 31 the term

"person" includes the government of Guam and the Guam Power

Authority. The Secretary may place such stipulations as he deems

appropriate on the bonds or other obligations he guarantees.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 11, 64 Stat. 387; Pub. L. 94-395,

Sept. 3, 1976, 90 Stat. 1199; Pub. L. 96-205, title III, Sec. 303,

Mar. 12, 1980, 94 Stat. 88; Pub. L. 98-454, title II, Sec. 203,

Oct. 5, 1984, 98 Stat. 1733; Pub. L. 105-291, Sec. 4, Oct. 27,

1998, 112 Stat. 2786.)

-COD-

CODIFICATION

"Section 3713(a) of title 31" substituted in text for "section

3466 of the Revised Statutes (31 U.S.C. 191)" on authority of Pub.

L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first

section of which enacted Title 31, Money and Finance.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-291 substituted "rightful subjects of

legislation" for "subjects of legislation of local application" in

first sentence.

1984 - Pub. L. 98-454 inserted provisions relating to authority

of Secretary to guarantee for purchase by the Federal Financing

Bank, obligations of the Guam Power Authority to be used for a

second refinancing of the principal amount due to mature on

December 31, 1990.

1980 - Pub. L. 96-205 substituted provisions relating to

guarantees by the Secretary of the purchase by the Federal

Financing Bank of the refinancing obligations of the Guam Power

Authority where such refinancing obligations remain outstanding by

Dec. 31, 1980, for provisions relating to payment of interest and

default on maturity of guaranteed bonds or other obligations issued

prior to Dec. 31, 1980.

1976 - Pub. L. 94-395 inserted provisions relating to authority

of Secretary of the Interior to guarantee for purchase by the

Federal Financing Bank bonds or other obligations of the Guam Power

Authority maturing on or before Dec. 31, 1978.

-End-

-CITE-

48 USC Sec. 1423b 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER III - THE LEGISLATURE

-HEAD-

Sec. 1423b. Selection and qualification of members; officers; rules

and regulations; quorum

-STATUTE-

The legislature shall be the judge of the selection and

qualification of its own members. It shall choose from its members

its own officers, determine its rules and procedure, not

inconsistent with this chapter, and keep a journal. The quorum of

the legislature shall consist of a simple majority of its members.

No bill shall become a law unless it shall have been passed at a

meeting, at which a quorum was present, by the affirmative vote of

a majority of the members present and voting, which vote shall be

by yeas and nays.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 12, 64 Stat. 388; Pub. L. 90-497, Sec.

6(b), Sept. 11, 1968, 82 Stat. 846; Pub. L. 105-291, Sec. 3, Oct.

27, 1998, 112 Stat. 2785.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-291 substituted "a simple majority" for

"eleven".

1968 - Pub. L. 90-497 inserted a quorum requirement, provided

that a quorum of the legislature consist of eleven of its members,

and made presence of a quorum requisite to passage of a law.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 6(b) of Pub. L. 90-497 provided that the amendment made

by that section is effective on date of enactment of Pub. L.

90-497, which was approved Sept. 11, 1968.

-End-

-CITE-

48 USC Sec. 1423c 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER III - THE LEGISLATURE

-HEAD-

Sec. 1423c. Privileges of members

-STATUTE-

(a) The members of the legislature shall, in all cases except

treason, felony, or breach of the peace, be privileged from arrest

during their attendance at the legislature and in going to and

returning from the same.

(b) No member of the legislature shall be held to answer before

any tribunal other than the legislature itself for any speech or

debate in the legislature.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 13, 64 Stat. 388.)

-End-

-CITE-

48 USC Sec. 1423d 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER III - THE LEGISLATURE

-HEAD-

Sec. 1423d. Oath of office

-STATUTE-

Every member of the legislature and all officers of the

government of Guam shall take the following oath or affirmation:

"I solemnly swear (or affirm) in the presence of Almighty God

that I will well and faithfully support the Constitution of the

United States, the laws of the United States applicable to Guam and

the laws of Guam, and that I will conscientiously and impartially

discharge my duties as a member of the Guam Legislature (or as an

officer of the government of Guam)."

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 14, 64 Stat. 388.)

-End-

-CITE-

48 USC Sec. 1423e 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER III - THE LEGISLATURE

-HEAD-

Sec. 1423e. Prohibition against acceptance of salary increases or

newly created offices

-STATUTE-

No member of the legislature shall, during the term for which he

was elected or during the year following the expiration of such

term, be appointed to any office which has been created, or the

salary or emoluments of which have been increased during such term.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 15, 64 Stat. 388.)

-End-

-CITE-

48 USC Sec. 1423f 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER III - THE LEGISLATURE

-HEAD-

Sec. 1423f. Qualifications of members

-STATUTE-

No person shall sit in the legislature who is not a citizen of

the United States, who has not attained the age of twenty-five

years and who has not been domiciled in Guam for at least five

years immediately preceding the sitting of the legislature in which

he seeks to qualify as a member, or who has been convicted of a

felony or of a crime involving moral turpitude and has not received

a pardon restoring his civil rights.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 16, 64 Stat. 388.)

-End-

-CITE-

48 USC Sec. 1423g 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER III - THE LEGISLATURE

-HEAD-

Sec. 1423g. Vacancies

-STATUTE-

Vacancies occurring in the legislature shall be filled as the

legislature shall provide, except that no person filling a vacancy

shall hold office longer than for the remainder of the term for

which his predecessor was elected.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 17, 64 Stat. 388.)

-End-

-CITE-

48 USC Sec. 1423h 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER III - THE LEGISLATURE

-HEAD-

Sec. 1423h. Regular and special sessions

-STATUTE-

Regular sessions of the legislature shall be held annually,

commencing on the second Monday in January (unless the legislature

shall by law fix a different date), and shall continue for such

term as the legislature may provide. The Governor may call special

sessions of the legislature at any time when, in his opinion, the

public interest may require it. No legislation shall be considered

at any special session other than that specified in the call

therefor or in any special message by the Governor to the

legislature while in such session. All sessions of the legislature

shall be open to the public.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 18, 64 Stat. 388; Pub. L. 90-497, Sec.

6(a), Sept. 11, 1968, 82 Stat. 846.)

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-497 removed 60-day limitation on the length of

regular sessions and 14-day limitation on the length of special

sessions of the legislature.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 6(a) of Pub. L. 90-497 provided that the amendment made

by that section is effective on date of enactment of Pub. L.

90-497, which was approved Sept. 11, 1968.

-End-

-CITE-

48 USC Sec. 1423i 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER III - THE LEGISLATURE

-HEAD-

Sec. 1423i. Approval of bills

-STATUTE-

Every bill passed by the legislature shall, before it becomes a

law, be entered upon the journal and presented to the Governor. If

he approves it, he shall sign it, but if not he shall, except as

hereinafter provided, return it, with his objections, to the

legislature within ten days (Sundays excepted) after it shall have

been presented to him. If he does not return it within such period,

it shall be a law in like manner as if he had signed it, unless the

legislature by adjournment prevents its return, in which case it

shall be a law if signed by the Governor within thirty days after

it shall have been presented to him; otherwise it shall not be a

law. When a bill is returned by the Governor to the legislature

with his objections, the legislature shall enter his objections at

large on its journal and, upon motion of a member of the

legislature, proceed to reconsider the bill. If, after such

reconsideration, two-thirds of all the members of the legislature

pass the bill, it shall be a law. If any bill presented to the

Governor contains several items of appropriation of money, he may

object to one or more of such items, or any part or parts, portion

or portions thereof, while approving the other items, parts, or

portions of the bill. In such a case he shall append to the bill at

the time of signing it, a statement of the items, or parts or

portions thereof, to which he objects, and the items, or parts or

portions thereof, so objected to shall not take effect. All laws

enacted by the legislature shall be reported by the Governor to the

head of the department or agency designated by the President under

section 1421a of this title. The Congress of the United States

reserves the power and authority to annul the same.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 19, 64 Stat. 389; Pub. L. 90-497, Sec.

8, Sept. 11, 1968, 82 Stat. 847; Pub. L. 93-608, Sec. 1(14), Jan.

2, 1975, 88 Stat. 1969.)

-MISC1-

AMENDMENTS

1975 - Pub. L. 93-608 struck out requirement that reports be

transmitted to Congress by the Secretary concerned.

1968 - Pub. L. 90-497, Sec. 8(a), struck out President's

authority to veto territorial legislation referred by the Governor

after such legislation had been passed by the legislature over the

Governor's veto.

Pub. L. 90-497, Sec. 8(b), struck out provision that, if Congress

did not annul laws passed by the legislature and reported to

Congress within one year of the date of its receipt by Congress,

such laws were deemed to have been approved by Congress.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 8(b) of Pub. L. 90-497 provided that the amendment made

by that section is effective on date of enactment of Pub. L.

90-497, which was approved Sept. 11, 1968.

Amendment by Pub. L. 90-497 necessary to authorize the holding of

an election for Governor and Lieutenant Governor on Nov. 3, 1970,

effective Jan. 1, 1970, and all other amendments unless otherwise

provided effective Jan. 4, 1971, see section 13 of Pub. L. 90-497,

set out as a note under section 1422 of this title.

-End-

-CITE-

48 USC Sec. 1423j 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER III - THE LEGISLATURE

-HEAD-

Sec. 1423j. Authorization of appropriations

-STATUTE-

(a) Appropriations, except as otherwise provided in this chapter,

and except such appropriations as shall be made from time to time

by the Congress of the United States, shall be made by the

legislature.

(b) If at the termination of any fiscal year the legislature

shall have failed to pass appropriation bills providing for

payments of the necessary current expenses of the government and

meeting its legal obligations for the ensuing fiscal year, then the

several sums appropriated in the last appropriation bills for the

objects and purposes therein specified, so far as the same may be

applicable, shall be deemed to be reappropriated, item by item.

(c) All appropriations made prior to August 1, 1950 shall be

available to the government of Guam.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 20, 64 Stat. 389.)

-End-

-CITE-

48 USC Sec. 1423k 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER III - THE LEGISLATURE

-HEAD-

Sec. 1423k. Right of petition

-STATUTE-

The legislature or any person or group of persons in Guam shall

have the unrestricted right of petition. It shall be the duty of

all officers of the government to receive and without delay to act

upon or forward, as the case may require, any such petition.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 21, 64 Stat. 389.)

-End-

-CITE-

48 USC Sec. 1423l 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER III - THE LEGISLATURE

-HEAD-

Sec. 1423l. Omitted

-COD-

CODIFICATION

Section, act Oct. 5, 1992, Pub. L. 102-381, title I, 106 Stat.

1392, which authorized Territorial and local governments of Guam to

make purchases through General Services Administration, was from

the Department of the Interior and Related Agencies Appropriations

Act, 1992, and was not repeated in subsequent appropriation acts.

See section 1469e of this title. Similar provisions were contained

in the following prior appropriation acts:

Nov. 13, 1991, Pub. L. 102-154, title I, 105 Stat. 1007.

Nov. 5, 1990, Pub. L. 101-512, title I, 104 Stat. 1932.

Oct. 23, 1989, Pub. L. 101-121, title I, 103 Stat. 716.

Sept. 27, 1988, Pub. L. 100-446, title I, 102 Stat. 1797.

Dec. 22, 1987, Pub. L. 100-202, Sec. 101(g) [title I], 101 Stat.

1329-213, 1329-231.

Oct. 18, 1986, Pub. L. 99-500, Sec. 101(h) [title I], 100 Stat.

1783-242, 1783-258, and Oct. 30, 1986, Pub. L. 99-591, Sec. 101(h)

[title I], 100 Stat. 3341-242, 3341-258.

Dec. 19, 1985, Pub. L. 99-190, Sec. 101(d) [title I], 99 Stat.

1224, 1238.

Oct. 12, 1984, Pub. L. 98-473, title I, Sec. 101(c) [title I], 98

Stat. 1837, 1851.

Nov. 4, 1983, Pub. L. 98-146, title I, 97 Stat. 931.

Dec. 30, 1982, Pub. L. 97-394, title I, 96 Stat. 1979.

Dec. 23, 1981, Pub. L. 97-100, title I, 95 Stat. 1401.

Dec. 12, 1980, Pub. L. 96-514, title I, 94 Stat. 2969.

Nov. 27, 1979, Pub. L. 96-126, title I, 93 Stat. 965.

Oct. 17, 1978, Pub. L. 95-465, title I, 92 Stat. 1289.

July 26, 1977, Pub. L. 95-74, title I, 91 Stat. 295.

July 31, 1976, Pub. L. 94-373, title I, 90 Stat. 1052.

Dec. 23, 1975, Pub. L. 94-165, title I, 89 Stat. 987.

Aug. 31, 1974, Pub. L. 93-404, title I, 88 Stat. 812.

Oct. 4, 1973, Pub. L. 93-120, title I, 87 Stat. 433.

Aug. 10, 1972, Pub. L. 92-369, title I, 86 Stat. 512.

Aug. 10, 1971, Pub. L. 92-76, title I, 85 Stat. 233.

July 31, 1970, Pub. L. 91-361, title I, 84 Stat. 673.

Oct. 29, 1969, Pub. L. 91-98, title I, 83 Stat. 151.

July 26, 1968, Pub. L. 90-425, title I, 82 Stat. 430.

June 24, 1967, Pub. L. 90-28, title I, 81 Stat. 63.

May 31, 1966, Pub. L. 89-435, title I, 80 Stat. 174.

June 28, 1965, Pub. L. 89-52, title I, 79 Stat. 179.

July 7, 1964, Pub. L. 88-356, title I, 78 Stat. 278.

July 26, 1963, Pub. L. 88-79, title I, 77 Stat. 102.

Aug. 9, 1962, Pub. L. 87-578, title I, 76 Stat. 339.

Aug. 3, 1961, Pub. L. 87-122, title I, 75 Stat. 250.

May 13, 1960, Pub. L. 86-455, title I, 74 Stat. 112.

June 23, 1959, Pub. L. 86-60, title I, 73 Stat. 101.

June 4, 1958, Pub. L. 85-439, title I, 72 Stat. 163.

July 1, 1957, Pub. L. 85-77, title I, 71 Stat. 265.

June 13, 1956, ch. 380, title I, 70 Stat. 264.

June 16, 1955, ch. 147, title I, 69 Stat. 149.

July 1, 1954, ch. 446, title I, 68 Stat. 372.

July 31, 1953, ch. 298, title I, 67 Stat. 273.

July 9, 1952, ch. 597, title I, 66 Stat. 457.

Aug. 31, 1951, ch. 375, title I, 65 Stat. 263.

Sept. 6, 1950, ch. 896, Ch. VII, title I, 64 Stat. 694.

-End-

-CITE-

48 USC SUBCHAPTER IV - THE JUDICIARY 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER IV - THE JUDICIARY

-HEAD-

SUBCHAPTER IV - THE JUDICIARY

-End-

-CITE-

48 USC Sec. 1424 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER IV - THE JUDICIARY

-HEAD-

Sec. 1424. District Court of Guam; local courts; jurisdiction

-STATUTE-

(a) District Court of Guam; local courts

The judicial authority of Guam shall be vested in a court of

record established by Congress, designated the "District Court of

Guam," and such local court or courts as may have been or shall

hereafter be established by the laws of Guam in conformity with

section 1424-1 of this title.

(b) Jurisdiction

The District Court of Guam shall have the jurisdiction of a

district court of the United States, including, but not limited to,

the diversity jurisdiction provided for in section 1332 of title

28, and that of a bankruptcy court of the United States.

(c) Original jurisdiction

In addition to the jurisdiction described in subsection (b) of

this section, the District Court of Guam shall have original

jurisdiction in all other causes in Guam, jurisdiction over which

is not then vested by the legislature in another court or other

courts established by it. In causes brought in the district court

solely on the basis of this subsection, the district court shall be

considered a court established by the laws of Guam for the purpose

of determining the requirements of indictment by grand jury or

trial by jury.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 22, 64 Stat. 389; Aug. 27, 1954, ch.

1017, Sec. 1, 68 Stat. 882; Pub. L. 85-444, Secs. 1, 2, June 4,

1958, 72 Stat. 178, 179; Pub. L. 95-598, title III, Sec. 335, Nov.

6, 1978, 92 Stat. 2680; Pub. L. 98-454, title VIII, Secs. 801, 803,

title X, Sec. 1001, Oct. 5, 1984, 98 Stat. 1741, 1743, 1745.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-454 amended section generally, striking out

language which directed that no provisions of any rules which

authorized or required trial by jury or the prosecution of offenses

by indictment by a grand jury instead of by information be

applicable to the District Court of Guam unless and until made so

applicable by laws enacted by the Legislature of Guam, repealed

that portion of section 1 of act Aug. 27, 1954, which had inserted

such language originally, repealed section 335 of Pub. L. 95-598,

which had amended this section, and transferred out of this section

into sections 1424-1 to 1424-4, with amendments, the remaining

provisions formerly set out in this section relating to the

creation, jurisdiction, and rules governing procedure in the Guam

judicial system.

1978 - Subsec. (a). Pub. L. 95-598, Sec. 335(a), inserted "and a

bankruptcy court".

Subsec. (b). Pub. L. 95-598, Sec. 335(b), substituted "section

2075 of title 28, in cases under title 11," for "section 53 of

title 11, in bankruptcy cases;".

1958 - Subsec. (a). Pub. L. 85-444 provided that the District

Court of Guam shall have jurisdiction in all causes arising under

the Constitution, treaties, and laws of the United States,

regardless of the sum or value of the matter in controversy, and to

insert the paragraph requiring appeals to the District Court to be

heard and determined by an appellate division.

1954 - Subsec. (b). Act Aug. 27, 1954, inserted provisions making

it clear that trial by jury or the prosecution of offenses by

indictment by a grand jury instead of by information shall not be

required in the District Court of Guam until so required by laws

enacted by the Legislature of Guam; and defining the terms

"attorney for the government", and "United States attorney", as

used in the Federal Rules of Criminal Procedure, when applicable to

cases arising under the laws of Guam.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 1005 of Pub. L. 98-454 provided that: "Titles VII, VIII,

IX, and X of this Act [enacting sections 1424-1 to 1424-4, 1493,

and 1613a of this title, repealing section 1400 of this title,

amending this section and sections 1424b, 1561, 1611, 1612, 1613,

1614, 1615, 1617, 1694, and 1821 to 1824 of this title, and

enacting provisions set out as notes under sections 1424b, 1612,

and 1614 of this title and section 373 of Title 28, Judiciary and

Judicial Procedure] shall become effective on the ninetieth day

following their enactment [Oct. 5, 1984]."

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by section 335(b) of Pub. L. 95-598 effective Oct. 1,

1979, see section 402(a) of Pub. L. 95-598, set out as an Effective

Date note preceding section 101 of Title 11, Bankruptcy.

Section 402(e) of Pub. L. 95-598, which provided a prospective

effective date for the amendment of subsec. (a) by section 335(a)

of Pub. L. 95-598, was repealed by section 1001 of Pub. L. 98-454.

EFFECTIVE DATE OF 1954 AMENDMENT

Section 2 of act Aug. 27, 1954, provided that: "The amendment

made by section 1 [amending this section] shall be deemed to be in

effect as of August 1, 1950."

SEPARABILITY

Section 4 of act Aug. 27, 1954, provided: "If any particular

provision of this Act [amending this section and enacting

provisions set out as notes under this section], or the application

thereof to any person or circumstances, is held invalid, the

remainder of the Act and the application of such provision to other

persons or circumstances shall not be affected thereby."

NONREVERSAL OF CONVICTIONS PRIOR TO AUGUST 27, 1954

Section 3 of act Aug. 27, 1954, provided: "No conviction of a

defendant in a criminal proceeding in the District Court of Guam

heretofore had shall be reversed or set aside on the ground that

the defendant was not indicted by a grand jury or tried by a petit

jury."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1421i, 1424-1 of this

title.

-End-

-CITE-

48 USC Sec. 1424-1 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER IV - THE JUDICIARY

-HEAD-

Sec. 1424-1. Local courts; composition; appellate court;

jurisdiction; practice and procedure; qualifications and duties

of judges

-STATUTE-

(a) Composition; establishment of appellate court

The local courts of Guam shall consist of such trial court or

courts as may have been or may hereafter be established by the laws

of Guam. On or after the effective date of this Act, the

legislature of Guam may in its discretion establish an appellate

court.

(b) Jurisdiction

The legislature may vest in the local courts jurisdiction over

all causes in Guam over which any court established by the

Constitution and laws of the United States does not have exclusive

jurisdiction. Such jurisdiction shall be subject to the exclusive

or concurrent jurisdiction conferred on the District Court of Guam

by section 1424(b) of this title.

(c) Practice and procedure; qualifications and duties of judges

The practice and procedure in the local courts and the

qualifications and duties of the judges thereof shall be governed

by the laws of Guam and the rules of those courts.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 22A, as added Pub. L. 98-454, title

VIII, Sec. 801, Oct. 5, 1984, 98 Stat. 1742.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this Act, referred to in subsec. (a), is

the effective date of title VIII of Pub. L. 98-454, which is 90

days after Oct. 5, 1984.

-MISC1-

EFFECTIVE DATE

Section effective on ninetieth day following Oct. 5, 1984, see

section 1005 of Pub. L. 98-454, set out as an Effective Date of

1984 Amendment note under section 1424 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1424, 1424-2, 1424-3 of

this title.

-End-

-CITE-

48 USC Sec. 1424-2 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER IV - THE JUDICIARY

-HEAD-

Sec. 1424-2. Relations between courts of United States and courts

of Guam; review by United States Court of Appeals for Ninth

Circuit; reports to Congress; rules

-STATUTE-

The relations between the courts established by the Constitution

or laws of the United States and the local courts of Guam with

respect to appeals, certiorari, removal of causes, the issuance of

writs of habeas corpus, and other matters or proceedings shall be

governed by the laws of the United States pertaining to the

relations between the courts of the United States, including the

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

States in such matters and proceedings: Provided, That for the

first fifteen years following the establishment of the appellate

court authorized by section 1424-1(a) of this title, the United

States Court of Appeals for the Ninth Circuit shall have

jurisdiction to review by writ of certiorari all final decisions of

the highest court of Guam from which a decision could be had. The

Judicial Council of the Ninth Circuit shall submit reports to the

Committee on Energy and Natural Resources of the Senate and the

Committee on Natural Resources of the House of Representatives at

intervals of five years following the establishment of such

appellate court as to whether it has developed sufficient

institutional traditions to justify direct review by the Supreme

Court of the United States from all such final decisions. The

United States Court of Appeals for the Ninth Circuit shall have

jurisdiction to promulgate rules necessary to carry out the

provisions of this subsection.(!1)

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 22B, as added Pub. L. 98-454, title

VIII, Sec. 801, Oct. 5, 1984, 98 Stat. 1742; amended Pub. L.

103-437, Sec. 17(a)(1), Nov. 2, 1994, 108 Stat. 4595.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-437 substituted "Natural Resources" for

"Interior and Insular Affairs" before "of the House".

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

EFFECTIVE DATE

Section effective on ninetieth day following Oct. 5, 1984, see

section 1005 of Pub. L. 98-454, set out as an Effective Date of

1984 Amendment note under section 1424 of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report required under this section is listed as the last

item on page 12), see section 3003 of Pub. L. 104-66, as amended,

set out as a note under section 1113 of Title 31, Money and

Finance.

-FOOTNOTE-

(!1) So in original. Probably should be "section."

-End-

-CITE-

48 USC Sec. 1424-3 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER IV - THE JUDICIARY

-HEAD-

Sec. 1424-3. Appellate jurisdiction of District Court; procedure;

review by United States Court of Appeals for Ninth Circuit;

rules; appeals to appellate court

-STATUTE-

(a) Appellate jurisdiction of District Court

Prior to the establishment of the appellate court authorized by

section 1424-1(a) of this title, the District Court of Guam shall

have such appellate jurisdiction over the local courts of Guam as

the legislature may determine: Provided, That the legislature may

not preclude the review of any judgment or order which involves the

Constitution, treaties, or laws of the United States, including

this chapter, or any authority exercised thereunder by an officer

or agency of the Government of the United States, or the conformity

of any law enacted by the legislature of Guam or of any orders or

regulations issued or actions taken by the executive branch of the

government of Guam with the Constitution, treaties, or laws of the

United States, including this chapter, or any authority exercised

thereunder by an officer or agency of the United States.

(b) Appellate division of District Court; quorum; presiding judge;

designation of judges; decisions

Appeals to the District Court of Guam shall be heard and

determined by an appellate division of the court consisting of

three judges, of whom two shall constitute a quorum. The district

judge shall be the presiding judge of the appellate division and

shall preside therein unless disqualified or otherwise unable to

act. The other judges who are to sit in the appellate division of

any session shall be designated by the presiding judge from among

the judges who are serving on, or are assigned to, the district

court from time to time pursuant to section 1424b of this title:

Provided, That no more than one of them may be a judge of a court

of record of Guam. The concurrence of two judges shall be necessary

to any decision of the appellate division of the district court on

the merits of an appeal, but the presiding judge alone may make any

appropriate orders with respect to an appeal prior to the hearing

and determination thereof on the merits and may dismiss an appeal

for want of jurisdiction or failure to take or prosecute it in

accordance with the applicable law or rules of procedure.

(c) United States Court of Appeals for Ninth Circuit; jurisdiction;

appeals; rules

The United States Court of Appeals for the Ninth Circuit shall

have jurisdiction of appeals from all final decisions of the

appellate division of the district court. The United States Court

of Appeals for the Ninth Circuit shall have jurisdiction to

promulgate rules necessary to carry out the provisions of this

subsection.

(d) Appeals to appellate court; effect on District Court

Upon the establishment of the appellate court provided for in

section 1424-1(a) of this title all appeals from the decisions of

the local courts not previously taken must be taken to the

appellate court. The establishment of that appellate court shall

not result in the loss of jurisdiction of the appellate division of

the district court over any appeal then pending in it. The rulings

of the appellate division of the district court on such appeals may

be reviewed in the United States Court of Appeals for the Ninth

Circuit and in the Supreme Court notwithstanding the establishment

of the appellate court.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 22C, as added Pub. L. 98-454, title

VIII, Sec. 801, Oct. 5, 1984, 98 Stat. 1742.)

-MISC1-

EFFECTIVE DATE

Section effective on ninetieth day following Oct. 5, 1984, see

section 1005 of Pub. L. 98-454, set out as an Effective Date of

1984 Amendment note under section 1424 of this title.

-End-

-CITE-

48 USC Sec. 1424-4 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER IV - THE JUDICIARY

-HEAD-

Sec. 1424-4. Criminal offenses; procedure; definitions

-STATUTE-

Where appropriate, the provisions of part II of title 18 and of

title 28, United States Code, and notwithstanding the provision in

rule 54(a) Federal Rules of Criminal Procedure relating to the

prosecution of criminal offenses on Guam by information, the rules

of practice and procedure heretofore or hereafter promulgated and

made effective by the Congress or the Supreme Court of the United

States pursuant to titles 11, 18, and 28, United States Code, shall

apply to the District Court of Guam and appeals therefrom; except

that the terms, "Attorney for the government" and "United States

attorney", as used in the Federal Rules of Criminal Procedure,

shall, when applicable to cases arising under the laws of Guam,

including the Guam Territorial income tax, mean the Attorney

General of Guam or such other person or persons as may be

authorized by the laws of Guam to act therein.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 22D, as added Pub. L. 98-454, title

VIII, Sec. 801, Oct. 5, 1984, 98 Stat. 1743.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Criminal Procedure, referred to in text, are

set out in the Appendix to Title 18, Crimes and Criminal Procedure.

-MISC1-

EFFECTIVE DATE

Section effective on ninetieth day following Oct. 5, 1984, see

section 1005 of Pub. L. 98-454, set out as an Effective Date of

1984 Amendment note under section 1424 of this title.

-End-

-CITE-

48 USC Sec. 1424a 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER IV - THE JUDICIARY

-HEAD-

Sec. 1424a. Repealed. Oct. 31, 1951, ch. 655, Sec. 56(e), 65 Stat.

729

-MISC1-

Section, act Aug. 1, 1950, ch. 512, Sec. 23, 64 Stat. 390,

related to appeals from the District Court of Guam to the United

States Court of Appeals for the Ninth Circuit, and to the United

States Supreme Court. See sections 41, 1252, 1291, 1292, and 1294

of Title 28, Judiciary and Judicial Procedure.

SAVINGS PROVISION

Subsec. (l) of section 56 of act Oct. 31, 1951, provided that the

repeal by section 56 of act Oct. 31, 1951, shall not affect any

rights or liabilities existing hereunder on the effective date of

that repeal (Oct. 31, 1951).

-End-

-CITE-

48 USC Sec. 1424b 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER IV - THE JUDICIARY

-HEAD-

Sec. 1424b. Judge of District Court; appointment, tenure, removal,

and compensation; appointment of United States attorney and

marshal

-STATUTE-

(a) The President shall, by and with the advice and consent of

the Senate, appoint a judge for the District Court of Guam who

shall hold office for the term of ten years and until his successor

is chosen and qualified unless sooner removed by the President for

cause. The judge shall receive a salary payable by the United

States which shall be at the rate prescribed for judges of the

United States district courts.

The Chief Judge of the Ninth Judicial Circuit of the United

States may assign a judge of a local court of record or a judge of

the High Court of the Trust Territory of the Pacific Islands or a

circuit or district judge of the ninth circuit or a recalled senior

judge of the District Court of Guam or of the District Court for

the Northern Mariana Islands, or the Chief Justice of the United

States may assign any other United States circuit or district judge

with the consent of the judge so assigned and of the chief judge of

his circuit, to serve temporarily as a judge in the District Court

of Guam whenever it is made to appear that such an assignment is

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

(b) The President shall appoint, by and with the advice and

consent of the Senate, a United States attorney and United States

marshal for Guam to whose offices the provisions of chapters 35 and

37 of title 28, respectively, shall apply.

-SOURCE-

(Aug. 1, 1950, ch. 512, Sec. 24, 64 Stat. 390; Oct. 31, 1951, ch.

655, Sec. 55(a), 65 Stat. 728; Pub. L. 85-444, Sec. 3, June 4,

1958, 72 Stat. 179; Pub. L. 98-454, title VIII, Sec. 802, Oct. 5,

1984, 98 Stat. 1743.)

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-454, Sec. 802(a)-(c), substituted

"for the term of ten years" for "for a term of eight years" in

first par., and, in second par., substituted "a local court of

record" for "the Island Court of Guam" and inserted "or a recalled

senior judge of the District Court of Guam or of the District Court

of the Northern Mariana Islands" after "ninth circuit".

Subsec. (b). Pub. L. 98-454, Sec. 802(d), substituted "35" and

"37" for "31" and "33" respectively.

Subsec. (c). Pub. L. 98-454, Sec. 802(e), struck out subsec. (c)

which provided that chapters 43 and 49 of title 28 shall apply to

the District Court of Guam.

1958 - Subsec. (a). Pub. L. 85-444 increased the term of office

from four to eight years, substituted provisions requiring the

salary of the judge to be at the rate prescribed for judges of the

United States district courts for provisions which required the

salary of the judge to be the same as salary of the Governor of

Guam, and inserted provisions permitting the Chief Judge of the

Ninth Circuit to make temporary assignments.

1951 - Subsec. (a). Act Oct. 31, 1951, in second sentence, struck

out ", and shall be entitled to the benefits of retirement provided

in section 373 of title 28".

Subsec. (c). Act Oct. 31, 1951, struck out references to chapters

21, 41, and 57 of title 28.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendments by Pub. L. 98-454 effective on ninetieth day following

Oct. 5, 1984, see section 1005 of Pub. L. 98-454, set out as a note

under section 1424 of this title.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of this title.

-MISC2-

EXTENSION OF TERM OF DISTRICT JUDGES; APPLICABILITY; EFFECTIVE DATE

Section 1004 of Pub. L. 98-454 provided that: "The provisions of

sections 706(a), 802(a), and 901(a) of this Act [amending sections

1614, 1424b, and 1821, respectively, of this title] extending the

terms of district court judges of the Virgin Islands, Guam, and the

Northern Mariana Islands, respectively, from eight to ten years

shall be applicable to the judges of those courts holding office on

the effective date of this Act [Oct. 5, 1984]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1424, 1424-3 of this

title.

-End-

-CITE-

48 USC Sec. 1424c 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER IV - THE JUDICIARY

-HEAD-

Sec. 1424c. Review of claims respecting land on Guam

-STATUTE-

(a) Jurisdiction

Notwithstanding any law or court decision to the contrary, the

District Court of Guam is hereby granted authority and jurisdiction

to review claims of persons, their heirs or legatees, from whom

interests in land on Guam were acquired other than through judicial

condemnation proceedings, in which the issue of compensation was

adjudicated in a contested trial in the District Court of Guam, by

the United States between July 21, 1944, and August 23, 1963, and

to award fair compensation in those cases where it is determined

that less than fair market value was paid as a result of (1)

duress, unfair influence, or other unconscionable actions, or (2)

unfair, unjust, and inequitable actions of the United States.

(b) Acquisitions effected through condemnation proceedings

Land acquisitions effected through judicial condemnation

proceedings in which the issue of compensation was adjudicated in a

contested trial in the District Court of Guam, shall remain res

judicata and shall not be subject to review hereunder.

(c) Fair compensation

Fair compensation for purposes of this Act is defined as such

additional amounts as are necessary to effect payment of fair

market value at the time of acquisition, if it is determined that,

as a result of duress, unfair influence, or other unconscionable

actions, fair market value was not paid.

(d) Employment of special masters or judges

The District Court of Guam may employ and utilize the services of

such special masters or judges as are necessary to carry out the

intent and purposes hereof.

(e) Awards

Awards made hereunder shall be judgments against the United

States.

(f) Limitation on attorney's fees; violation; penalty

Attorney's fees paid by claimants to counsel representing them

may not exceed 5 per centum of any additional award. Any agreement

to the contrary shall be unlawful and void. Whoever, in the United

States or elsewhere, demands or receives any remuneration in excess

of the maximum permitted by this section shall be guilty of a

misdemeanor and, upon conviction thereof, shall be fined not more

than $5,000 or imprisoned not more than twelve months, or both. A

reasonable attorney's fee may be awarded in appropriate cases.

(g) Availability of documents, records, and writings to court

All agencies and departments of the United States Government

shall, upon request, deliver to the court any documents, records,

and writings which are pertinent to any claim under review.

-SOURCE-

(Pub. L. 95-134, title II, Sec. 204, Oct. 15, 1977, 91 Stat. 1162;

Pub. L. 96-205, title III, Sec. 301(a), Mar. 12, 1980, 94 Stat.

87.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (c), is Pub. L. 95-134, Oct. 15,

1977, 91 Stat. 1159, as amended, popularly known as the Omnibus

Territories Act of 1977. For complete classification of this Act to

the Code, see Tables.

-COD-

CODIFICATION

Section was not enacted as part of the Organic Act of Guam which

comprises this chapter.

-MISC1-

AMENDMENTS

1980 - Subsec. (c). Pub. L. 96-205 struck out provisions

prohibiting allowance of interest on additional amounts of award.

TREATMENT OF CERTAIN AWARDS BY DISTRICT COURT OF GUAM

Pub. L. 100-647, title VI, Sec. 6140, Nov. 10, 1988, 102 Stat.

3724, provided that: "For purposes of the internal revenue laws of

the United States and Guam, gross income shall not include any

amount received pursuant to any claim over which the District Court

of Guam has jurisdiction by reason of section 204 of Public Law

95-134 [this section] (commonly referred to as the Omnibus

Territories Act of 1977). This section shall be effective for

taxable years beginning after December 31, 1985."

COMMENCEMENT OF CIVIL ACTIONS BEFORE APRIL 1, 1982

Section 301(b) of Pub. L. 96-205 provided that: "Any civil action

under section 204 of the Omnibus Territories Act of 1977 (91 Stat.

1162) [this section] shall be barred unless it is commenced not

later than April 1, 1982."

-End-

-CITE-

48 USC SUBCHAPTER V - PUBLIC HOUSING AND URBAN RENEWAL 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER V - PUBLIC HOUSING AND URBAN RENEWAL

-HEAD-

SUBCHAPTER V - PUBLIC HOUSING AND URBAN RENEWAL

-End-

-CITE-

48 USC Sec. 1425 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER V - PUBLIC HOUSING AND URBAN RENEWAL

-HEAD-

Sec. 1425. Omitted

-COD-

CODIFICATION

Section, act June 27, 1934, ch. 847, Sec. 214, as added Apr. 23,

1949, ch. 89, Sec. 2(a), 63 Stat. 57, and amended, related to

insurance of mortgages on property in Guam. See section 1715d of

Title 12, Banks and Banking.

-End-

-CITE-

48 USC Sec. 1425a 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER V - PUBLIC HOUSING AND URBAN RENEWAL

-HEAD-

Sec. 1425a. Legislative authority to create authorities;

appointment of members; powers of authorities

-STATUTE-

The Legislature of Guam may by law grant to a public corporate

authority, existing or to be created by or under such law, powers

to undertake urban renewal and housing activities in Guam. Such

legislature may by law provide for the appointment, terms of

office, or removal of the members of such authority and for the

powers of such authority, including authority to accept whatever

benefits the Federal Government may make available, and to do all

things, to exercise any and all powers, and to assume and fulfill

any and all obligations, duties, responsibilities, and

requirements, including but not limited to those relating to

planning or zoning, necessary or desirable for receiving such

Federal assistance, except that such authority shall not be given

any power of taxation, nor any power to pledge the faith and credit

of the territory of Guam for any loan whatever.

-SOURCE-

(Pub. L. 88-171, Sec. 1, Nov. 4, 1963, 77 Stat. 304.)

-COD-

CODIFICATION

Section was not enacted as part of the Organic Act of Guam which

comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1425d of this title.

-End-

-CITE-

48 USC Sec. 1425b 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER V - PUBLIC HOUSING AND URBAN RENEWAL

-HEAD-

Sec. 1425b. Issuance of notes, bonds, and obligations

-STATUTE-

The Legislature of Guam may by law authorize such authority, any

provision of the Organic Act of Guam [48 U.S.C. 1421 et seq.], or

any other Act of Congress to the contrary notwithstanding, to

borrow money and to issue notes, bonds, and other obligations of

such character and maturity, with such security, and in such manner

as the legislature may provide. Such notes, bonds, and other

obligations shall not be a debt of the United States, or of Guam

other than such authority, nor constitute a debt, indebtedness, or

the borrowing of money within the meaning of any limitation or

restriction on the issuance of notes, bonds, or other obligations

contained in any laws of the United States applicable to Guam or to

any agency thereof.

-SOURCE-

(Pub. L. 88-171, Sec. 2, Nov. 4, 1963, 77 Stat. 304.)

-REFTEXT-

REFERENCES IN TEXT

The Organic Act of Guam, referred to in text, is act Aug. 1,

1950, ch. 512, 64 Stat. 384, as amended, which is classified

generally to this chapter. For complete classification of this Act

to the Code, see Short Title note set out under section 1421 of

this title and Tables.

-COD-

CODIFICATION

Section was not enacted as part of the Organic Act of Guam which

comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1425d of this title.

-End-

-CITE-

48 USC Sec. 1425c 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER V - PUBLIC HOUSING AND URBAN RENEWAL

-HEAD-

Sec. 1425c. Authorization of loans, conveyances, etc.

-STATUTE-

The Legislature of Guam may by law assist such authority by

furnishing, or authorizing the furnishing of, cash donations,

loans, conveyances of real and personal property, facilities, and

services, and otherwise, and may by law take other action in aid of

urban renewal or housing or related activities.

-SOURCE-

(Pub. L. 88-171, Sec. 3, Nov. 4, 1963, 77 Stat. 304.)

-COD-

CODIFICATION

Section was not enacted as part of the Organic Act of Guam which

comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1425d of this title.

-End-

-CITE-

48 USC Sec. 1425d 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER V - PUBLIC HOUSING AND URBAN RENEWAL

-HEAD-

Sec. 1425d. Ratification of prior act

-STATUTE-

Each and every part of Public Law 6-135, approved December 18,

1962, heretofore enacted by the Legislature of Guam dealing with

any part of the subject matter of sections 1425a to 1425e of this

title and not inconsistent therewith is ratified and confirmed.

-SOURCE-

(Pub. L. 88-171, Sec. 4, Nov. 4, 1963, 77 Stat. 304.)

-COD-

CODIFICATION

Section was not enacted as part of the Organic Act of Guam which

comprises this chapter.

-End-

-CITE-

48 USC Sec. 1425e 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER V - PUBLIC HOUSING AND URBAN RENEWAL

-HEAD-

Sec. 1425e. Additional powers

-STATUTE-

Powers granted herein shall be in addition to, and not in

derogation of, any powers granted by other law to, or for the

benefit or assistance of, any public corporate authority.

-SOURCE-

(Pub. L. 88-171, Sec. 5, Nov. 4, 1963, 77 Stat. 304.)

-COD-

CODIFICATION

Section was not enacted as part of the Organic Act of Guam which

comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1425d of this title.

-End-

-CITE-

48 USC Sec. 1426 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER V - PUBLIC HOUSING AND URBAN RENEWAL

-HEAD-

Sec. 1426. Repealed. Aug. 2, 1954, ch. 649, title II, Sec. 205, 68

Stat. 622

-MISC1-

Section, acts Apr. 23, 1949, ch. 89, Sec. 2(b), 63 Stat. 58; June

30, 1953, ch. 170, Sec. 25(b), 67 Stat. 128, related to purchase of

insured mortgage loans by the Federal National Mortgage

Association, with respect to property in Guam. Section was not

enacted as part of the Organic Act of Guam which comprises this

chapter.

-End-

-CITE-

48 USC SUBCHAPTER VI - GUAM DEVELOPMENT FUND 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER VI - GUAM DEVELOPMENT FUND

-HEAD-

SUBCHAPTER VI - GUAM DEVELOPMENT FUND

-End-

-CITE-

48 USC Sec. 1428 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER VI - GUAM DEVELOPMENT FUND

-HEAD-

Sec. 1428. Authorization of appropriations

-STATUTE-

(a) For the purpose of promoting economic development in the

territory of Guam, there is authorized to be appropriated to the

Secretary of the Interior to be paid to the government of Guam for

the purposes of this subchapter the sum of $5,000,000.

(b) In addition to the appropriations authorized in subsection

(a) of this section, $1,000,000 is authorized to be appropriated to

the Secretary of the Interior to be paid to the government of Guam

annually for five fiscal years commencing in fiscal year 1978 to

carry out the purposes of this subchapter.

-SOURCE-

(Pub. L. 90-601, Sec. 2, Oct. 17, 1968, 82 Stat. 1172; Pub. L.

95-134, title II, Sec. 202, Oct. 15, 1977, 91 Stat. 1161.)

-COD-

CODIFICATION

Section was not enacted as part of the Organic Act of Guam which

comprises this chapter.

-MISC1-

AMENDMENTS

1977 - Pub. L. 95-134 designated existing provisions as subsec.

(a) and added subsec. (b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1428b of this title.

-End-

-CITE-

48 USC Sec. 1428a 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER VI - GUAM DEVELOPMENT FUND

-HEAD-

Sec. 1428a. Submission of plan for use of funds; contents of plan;

term, interest rate, and premium charge of loan

-STATUTE-

Prior to receiving any funds pursuant to this subchapter the

government of Guam shall submit to the Secretary of the Interior a

plan for the use of such funds which meets the requirements of this

section and is approved by the Secretary. The plan shall designate

an agency or agencies of such government as the agency or agencies

for the administration of the plan and shall set forth the policies

and procedures to be followed in furthering the economic

development of Guam through a program which shall include and make

provision for loans and loan guarantees to promote the development

of private enterprise and private industry in Guam through a

revolving fund for such purposes: Provided, That the term of any

loan made pursuant to the plan shall not exceed twenty-five years;

that such loans shall bear interest (exclusive of premium charges

for insurance, and service charges, if any) at such rate per annum

as is determined to be reasonable and as approved by the Secretary,

but in no event less than a rate equal to the average yield on

outstanding marketable obligations of the United States as of the

last day of the month preceding the date of the loan, adjusted to

the nearest one-eighth of 1 per centum, which rate shall be

determined by the Secretary of the Treasury upon the request of the

authorized agency or agencies of the government of Guam; and that

premium charges for the insurance and guarantee of loans shall be

commensurate, in the judgment of the agency or agencies

administering the fund, with expenses and risks covered.

-SOURCE-

(Pub. L. 90-601, Sec. 3, Oct. 17, 1968, 82 Stat. 1172.)

-COD-

CODIFICATION

Section was not enacted as part of the Organic Act of Guam which

comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1428c of this title.

-End-

-CITE-

48 USC Sec. 1428b 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER VI - GUAM DEVELOPMENT FUND

-HEAD-

Sec. 1428b. Prerequisite for loan or loan guarantee; maximum

participation in available funds; reserves for loan guarantees

-STATUTE-

No loan or loan guarantee shall be made under this subchapter to

any applicant who does not satisfy the agency or agencies

administering the plan that financing is otherwise unavailable on

reasonable terms and conditions. The maximum participation in the

funds made available under section 1428 of this title shall be

limited (a) so that not more than 25 per centum of the funds

actually appropriated by the Congress may be devoted to any single

project (b) to 90 per centum of loan guarantee, and (c) with

respect to all loans, to that decree of participation prudent under

the circumstances of individual loans but directly related to the

minimum essential participation necessary to accomplish the

purposes of this subchapter: Provided, That, with respect to loan

guarantees, the reserves maintained by the agency or agencies for

the guarantees shall not be less than 25 per centum of the

guarantee.

-SOURCE-

(Pub. L. 90-601, Sec. 4, Oct. 17, 1968, 82 Stat. 1172.)

-COD-

CODIFICATION

Section was not enacted as part of the Organic Act of Guam which

comprises this chapter.

-End-

-CITE-

48 USC Sec. 1428c 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER VI - GUAM DEVELOPMENT FUND

-HEAD-

Sec. 1428c. Accounting procedures

-STATUTE-

The plan provided for in section 1428a of this title shall set

forth such fiscal control and fund accounting procedures as may be

necessary to assure proper disbursement, repayment, and accounting

for such funds.

-SOURCE-

(Pub. L. 90-601, Sec. 5, Oct. 17, 1968, 82 Stat. 1172.)

-COD-

CODIFICATION

Section was not enacted as part of the Organic Act of Guam which

comprises this chapter.

-End-

-CITE-

48 USC Sec. 1428d 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER VI - GUAM DEVELOPMENT FUND

-HEAD-

Sec. 1428d. Report for inclusion in annual report by Governor

-STATUTE-

The Governor of Guam shall include in the annual report to

Congress required pursuant to section 1422 of this title a report

on the administration of this subchapter.

-SOURCE-

(Pub. L. 90-601, Sec. 6, Oct. 17, 1968, 82 Stat. 1173; Pub. L.

96-470, title II, Sec. 206(c), Oct. 19, 1980, 94 Stat. 2244.)

-COD-

CODIFICATION

Section was not enacted as part of the Organic Act of Guam which

comprises this chapter.

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-470 substituted provision requiring the

Governor of Guam to include in his report to Congress under section

1422 of this title a report on the administration of this

subchapter for provision requiring the Governor of Guam to make an

annual report to the Secretary of the Interior on administration of

this subchapter, copies of which were to be forwarded to the

Speaker of the House of Representatives and the President of the

Senate.

-End-

-CITE-

48 USC Sec. 1428e 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A - GUAM

SUBCHAPTER VI - GUAM DEVELOPMENT FUND

-HEAD-

Sec. 1428e. Audit of books and records of agency, or agencies,

administering loan funds

-STATUTE-

The Comptroller General of the United States, or any of his duly

authorized representatives, shall have access, for the purpose of

audit and examination, to the books, documents, papers, and records

of the agency, or agencies, of the government of Guam administering

the plan that are pertinent to the funds received under this

subchapter.

-SOURCE-

(Pub. L. 90-601, Sec. 7, Oct. 17, 1968, 82 Stat. 1173.)

-COD-

CODIFICATION

Section was not enacted as part of the Organic Act of Guam which

comprises this chapter.

-End-