Legislación
US (United States) Code. Title 48. Chapter 8A: Guam
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48 USC CHAPTER 8A - GUAM 01/06/03
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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 Repealed.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.
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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
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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.
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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-
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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-
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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-
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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-
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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-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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