-CITE- 48 USC CHAPTER 8A - GUAM 01/02/2006 -EXPCITE- TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS CHAPTER 8A - GUAM -HEAD- CHAPTER 8A - GUAM -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 1421. Territory included under name Guam. 1421a. Unincorporated territory; capital; powers of government; suits against government; type of government; supervision. 1421b. Bill of rights. 1421c. Certain laws continued in force; modification or repeal of laws. 1421d. Salaries and allowances of officers and employees. 1421e. Duty on articles. 1421f. Title to property transferred. (a) Property employed by naval government of Guam. (b) Other property not reserved. (c) Secretary of the Interior; sale or lease. 1421f-1. Acknowledgement of deeds. 1421g. Establishment and maintenance of public bodies and offices. (a) Public health services. (b) Public educational system. (c) Office of Public Prosecutor; Office of Public Auditor. (d) Attorney General. 1421h. Duties, taxes, and fees; proceeds collected to constitute fund for benefit of Guam; prerequisites, amount, etc., remitted prior to commencement of next fiscal year. 1421i. Income tax. (a) Applicability of Federal laws; separate tax. (b) Guam Territorial income tax. (c) Enforcement of tax. (d) "Income-tax laws" defined; administration and enforcement; rules and regulations. (e) Substitution of terms. (f) Criminal offenses; prosecution. (g) Liens. (h) Jurisdiction of District Court; suits for recovery or collection of taxes; payment of judgment. 1421j. Authorization of appropriations. 1421k. Designation of naval or military reservations; closed port. 1421k-1 to 1421m. Repealed. 1421n. Applicability of Federal copyright laws. 1421o. Federal assistance for fire control, watershed protection, and reforestation. 1421p. Authorization of appropriations. 1421q. Applicability of Federal laws. 1421q-1. Applicability of laws referred to in section 502(a)(1) of Covenant to Establish a Commonwealth of the Northern Mariana Islands. SUBCHAPTER II - THE EXECUTIVE BRANCH 1422. Governor and Lieutenant Governor; term of office; qualifications; powers and duties; annual report to Congress. 1422a. Removal of Governor, Lieutenant Governor, or member of legislature; referendum election. 1422b. Vacancy in office of Governor or Lieutenant Governor. (a) Temporary disability or temporary absence of Governor. (b) Permanent vacancy in office of Governor. (c) Temporary disability or temporary absence of Lieutenant Governor. (d) Permanent vacancy in office of Lieutenant Governor. (e) Temporary disability or temporary absence of both Governor and Lieutenant Governor. (f) Additional compensation. 1422c. Executive agencies and instrumentalities. (a) Appointment of heads; establishment of merit system; Civil Service Commission. (b) Powers and duties of officers. (c) Reorganization. (d) Continuation in office of incumbents. 1422d. Transfer of functions from government comptroller for Guam to Inspector General, Department of the Interior. (a) Functions, powers, and duties transferred. (b) Scope of authority transferred. (c) Transfer of personnel, assets, etc., of office of government comptroller for Guam to Office of Inspector General, Department of the Interior. SUBCHAPTER III - THE LEGISLATURE 1423. Legislature of Guam. (a) Unicameral nature; power. (b) Size of legislature; prohibition against denial of equal protection; at large and district representation. (c) Reapportionment; Federal census base. (d) Timing of biennial elections. 1423a. Power of legislature; limitation on indebtedness of Guam; bond issues; guarantees for purchase by Federal Financing Bank of Guam Power Authority bonds or other obligations; interest rates; default. 1423b. Selection and qualification of members; officers; rules and regulations; quorum. 1423c. Privileges of members. 1423d. Oath of office. 1423e. Prohibition against acceptance of salary increases or newly created offices. 1423f. Qualifications of members. 1423g. Vacancies. 1423h. Regular and special sessions. 1423i. Approval of bills. 1423j. Authorization of appropriations. 1423k. Right of petition. 1423l. Omitted. SUBCHAPTER IV - THE JUDICIARY 1424. District Court of Guam; local courts; jurisdiction. (a) District Court of Guam; unified court system. (b) Jurisdiction. (c) Original jurisdiction. 1424-1. Jurisdiction and powers of local courts. (a) Supreme Court of Guam. (b) Chief Justice of Supreme Court of Guam. (c) Orders of Chief Justice with respect to appeals. (d) Other local courts. (e) Qualifications and duties of justices and judges. 1424-2. Relations between courts of United States and courts of Guam. 1424-3. Appellate jurisdiction of 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. -End- -CITE- 48 USC SUBCHAPTER I - GENERAL PROVISIONS 01/02/2006 -EXPCITE- TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS CHAPTER 8A - GUAM SUBCHAPTER I - GENERAL PROVISIONS -HEAD- SUBCHAPTER I - GENERAL PROVISIONS -End- -CITE- 48 USC Sec. 1421 01/02/2006 -EXPCITE- TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS CHAPTER 8A - GUAM SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 1421. Territory included under name Guam -STATUTE- The territory ceded to the United States in accordance with the provisions of the Treaty of Peace between the United States and Spain, signed at Paris, December 10, 1898, and proclaimed April 11, 1899, and known as the island of Guam in the Marianas Islands, shall continue to be known as Guam. -SOURCE- (Aug. 1, 1950, ch. 512, Sec. 2, 64 Stat. 384.) -MISC1- EFFECTIVE DATE; CONTINUATION OF FEDERAL ADMINISTRATION Section 34 of act Aug. 1, 1950, provided that on the 21st day of July 1950, the authority and powers conferred by this chapter would come into force, and authorized the President, for a period not to exceed one year from Aug. 1, 1950, to continue the administration of Guam in all or in some respects as provided by law, Executive order, or local regulation in force on Aug. 1, 1950. It further authorized the President in his discretion to place in operation all or some of the provisions of this chapter if practicable before the expiration of the period of one year. SHORT TITLE OF 2002 AMENDMENT Pub. L. 107-212, Sec. 1, Aug. 21, 2002, 116 Stat. 1051, provided that: "This Act [amending section 1421i of this title and enacting provisions set out as a note under section 1421i of this title] may be cited as the 'Guam Foreign Investment Equity Act'." SHORT TITLE OF 1998 AMENDMENT Pub. L. 105-291, Sec. 1, Oct. 27, 1998, 112 Stat. 2785, provided that: "This Act [amending sections 1421g, 1423a, and 1423b of this title] may be cited as the 'Guam Organic Act Amendments of 1998'." SHORT TITLE OF 1968 AMENDMENTS Pub. L. 90-601, Sec. 1, Oct. 17, 1968, 82 Stat. 1172, provided that: "This Act [enacting sections 1428 to 1428e of this title] may be cited as the 'Guam Development Fund Act of 1968'." Pub. L. 90-497, Sec. 14, Sept. 11, 1968, 82 Stat. 848, provided that: "This Act [enacting section 1422d of this title and section 335 of Title 10, Armed Forces, amending sections 1421a, 1421b, 1421c, 1421d, 1421f, 1422, 1422a, 1422b, 1422c, 1423b, 1423h, and 1423i of this title, and enacting provisions set out as notes under this section and section 1422 of this title] may be cited as the 'Guam Elective Governor Act'." SHORT TITLE Section 1 of act Aug. 1, 1950, provided that: "This Act [enacting this chapter and amending section 703 of Title 8, Aliens and Nationality] may be cited as the 'Organic Act of Guam'." POLITICAL UNION BETWEEN TERRITORY OF GUAM AND COMMONWEALTH OF NORTHERN MARIANA ISLANDS, EFFECTS ON RIGHTS AND ENTITLEMENTS In event of political union between Guam and the Commonwealth of the Northern Mariana Islands, there shall be no diminution of rights or entitlements, nor any adverse effects on any funds authorized or appropriated, see section 1844 of this title. ANALYSIS OF CAPITAL INFRASTRUCTURE NEEDS OF GUAM FOR 1985 TO 1990 TIMEFRAME; REPORT TO CONGRESS; CONTENTS Pub. L. 95-348, Sec. 1(a)(6), Aug. 18, 1978, 92 Stat. 487, provided that the Secretary prepare and transmit to the Congress no later than July 1, 1979, an analysis of the capital infrastructure needs of Guam for the 1985 to 1990 timeframe. SUBMERGED LANDS, CONVEYANCE TO TERRITORY Conveyance of submerged lands to the government of Guam, see section 1701 et seq. of this title. -EXEC- EX. ORD. NO. 10077. TRANSFER OF ADMINISTRATION OF GUAM Ex. Ord. No. 10077, eff. Sept. 7, 1949, 14 F.R. 5523, as amended by Ex. Ord. No. 10137, eff. June 30, 1950, 15 F.R. 4241, provided: 1. The administration of the Island of Guam is hereby transferred from the Secretary of the Navy to the Secretary of the Interior, such transfer to become effective on August 1, 1950. 2. The Department of the Navy and the Department of the Interior shall proceed with the plans for the transfer of the administration of the Island of Guam as embodied in the above mentioned memorandum of understanding between the two departments. 3. When the transfer of administration made by this order becomes effective, the Secretary of the Interior shall take such action as may be necessary and appropriate, and in harmony with applicable law, for the administration of civil government on the Island of Guam. 4. The executive departments and agencies of the Government are authorized and directed to cooperate with the Departments of the Navy and Interior in the effectuation of the provisions of this order. 5. The said Executive Order No. 108-A of December 23, 1898, is revoked, effective July 1, 1950. -End- -CITE- 48 USC Sec. 1421a 01/02/2006 -EXPCITE- 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. -End- -CITE- 48 USC Sec. 1421b 01/02/2006 -EXPCITE- TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS CHAPTER 8A - GUAM SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 1421b. Bill of rights -STATUTE- (a) No law shall be enacted in Guam respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of their grievances. (b) No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. (c) The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant for arrest or search shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized. (d) No person shall be subject for the same offense to be twice put in jeopardy of punishment; nor shall he be compelled in any criminal case to be a witness against himself. (e) No person shall be deprived of life, liberty, or property without due process of law. (f) Private property shall not be taken for public use without just compensation. (g) In all criminal prosecutions the accused shall have the right to a speedy and public trial; to be informed of the nature and cause of the accusation and to have a copy thereof; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. (h) Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (i) Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist in Guam. (j) No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall be enacted. (k) No person shall be imprisoned for debt. (l) The privilege of the writ of habeas corpus shall not be suspended, unless, when in cases of rebellion or invasion or imminent danger thereof, the public safety shall require it. (m) No qualification with respect to property, income, political opinion, or any other matter apart from citizenship, civil capacity, and residence shall be imposed upon any voter. (n) No discrimination shall be made in Guam against any person on account of race, language, or religion, nor shall the equal protection of the laws be denied. (o) No person shall be convicted of treason against the United States unless on the testimony of two witnesses to the same overt act, or on confession in open court. (p) No public money or property shall ever be appropriated, supplied, donated, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or association, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary as such. (q) The employment of children under the age of fourteen years in any occupation injurious to health or morals or hazardous to life or limb is hereby prohibited. (r) There shall be compulsory education for all children, between the ages of six and sixteen years. (s) No religious test shall ever be required as a qualification to any office or public trust under the government of Guam. (t) No person who advocates, or who aids or belongs to any party, organization, or association which advocates, the overthrow by force or violence of the government of Guam or of the United States shall be qualified to hold any public office of trust or profit under the government of Guam. (u) The following provisions of and amendments to the Constitution of the United States are hereby extended to Guam to the extent that they have not been previously extended to that territory and shall have the same force and effect there as in the United States or in any State of the United States: article I, section 9, clauses 2 and 3; article IV, section 1 and section 2, clause 1; the first to ninth amendments inclusive; the thirteenth amendment; the second sentence of section 1 of the fourteenth amendment; and the fifteenth and nineteenth amendments. All laws enacted by Congress with respect to Guam and all laws enacted by the territorial legislature of Guam which are inconsistent with the provisions of this subsection are repealed to the extent of such inconsistency. -SOURCE- (Aug. 1, 1950, ch. 512, Sec. 5, 64 Stat. 385; Pub. L. 90-497, Sec. 10, Sept. 11, 1968, 82 Stat. 847.) -MISC1- AMENDMENTS 1968 - Subsec. (u). Pub. L. 90-497 added subsec. (u). EFFECTIVE DATE OF 1968 AMENDMENT Section 10 of Pub. L. 90-497 provided that the amendment made by that section is effective on date of enactment of Pub. L. 90-497, which was approved Sept. 11, 1968. -End- -CITE- 48 USC Sec. 1421c 01/02/2006 -EXPCITE- TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS CHAPTER 8A - GUAM SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 1421c. Certain laws continued in force; modification or repeal of laws -STATUTE- (a) The laws of Guam in force on August 1, 1950, except as amended by this chapter, are continued in force, subject to modification or repeal by the Congress of the United States or the Legislature of Guam, and all laws of Guam inconsistent with the provisions of this chapter are repealed to the extent of such inconsistency. (b) Repealed. Pub. L. 90-497, Sec. 7, Sept. 11, 1968, 82 Stat. 847. -SOURCE- (Aug. 1, 1950, ch. 512, Sec. 25, 64 Stat. 390; Pub. L. 90-497, Sec. 7, Sept. 11, 1968, 82 Stat. 847.) -MISC1- AMENDMENTS 1968 - Subsec. (b). Pub. L. 90-497 repealed subsec. (b) which prohibited the application to Guam of laws of the United States not specifically made applicable to Guam and established a commission to determine which laws were applicable to Guam and which were not. EFFECTIVE DATE OF 1968 AMENDMENT Section 7 of Pub. L. 90-497 provided that the amendment made by that section is effective on date of enactment of Pub. L. 90-497, which was approved Sept. 11, 1968. -End- -CITE- 48 USC Sec. 1421d 01/02/2006 -EXPCITE- TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS CHAPTER 8A - GUAM SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 1421d. Salaries and allowances of officers and employees -STATUTE- The salaries and travel allowances of the Governor, Lieutenant Governor, the heads of the executive departments, other officers and employees of the government of Guam, and the members of the legislature, shall be paid by the government of Guam at rates prescribed by the laws of Guam. -SOURCE- (Aug. 1, 1950, ch. 512, Sec. 26, 64 Stat. 391; Aug. 1, 1956, ch. 852, Sec. 21, 70 Stat. 911; Pub. L. 89-100, July 30, 1965, 79 Stat. 424; Pub. L. 90-497, Sec. 9, Sept. 11, 1968, 82 Stat. 847.) -MISC1- AMENDMENTS 1968 - Subsec. (c). Pub. L. 90-497, Sec. 9(a), repealed subsec. (c) which provided for the payment of transportation expenses by the United States of all officers and employees of the government of Guam if their homes were outside Guam. Pub. L. 90-497, Sec. 9(b), removed subsection designations and substituted provisions that the government of Guam pay the salaries and travel expenses of the Governor, Lieutenant Governor, heads of executive departments, members of the legislature, and government officers and employees at rates prescribed by the laws of Guam for provisions setting the salary for the Governor and Secretary of Guam and allowing for the payment of transportation expenses and salaries of certain officers and employees by the United States. 1965 - Subsec. (e). Pub. L. 89-100 substituted provisions empowering the government of Guam to fix and pay legislative salaries and expenses for provisions which specifically fixed a sum of $15 per day to be paid each member for every day the legislature is in session payable out of Congressional appropriations and which required all other expenses to be paid by the government of Guam. 1956 - Subsec. (a). Act Aug. 1, 1956, substituted "the Governor of the Virgin Islands in the Executive Pay Act of 1949, as heretofore or hereafter amended," for "Governors of Territories and possessions in the Executive Pay Act of 1949, but not to exceed $13,125,". EFFECTIVE DATE OF 1968 AMENDMENT Section 9(a) of Pub. L. 90-497 provided that the amendment made by that section is effective on date of enactment of Pub. L. 90- 497, which was approved Sept. 11, 1968. Section 9(b) of Pub. L. 90-497 provided that the amendment made by that section is effective Jan. 4, 1971. -End- -CITE- 48 USC Sec. 1421e 01/02/2006 -EXPCITE- TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS CHAPTER 8A - GUAM SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 1421e. Duty on articles -STATUTE- All articles coming into the United States from Guam shall be subject to or exempt from duty as provided for in section 1301a (!1) of title 19. -SOURCE- (Aug. 1, 1950, ch. 512, Sec. 27, 64 Stat. 392; Sept. 1, 1954, ch. 1213, title IV, Sec. 402(b), 68 Stat. 1140.) -REFTEXT- REFERENCES IN TEXT Section 1301a of title 19, referred to in text, was repealed by Pub. L. 87-456, title III, Sec. 301(a), May 24, 1962, 76 Stat. 75. See General Headnote 3(a) under section 1202 of Title 19, Customs Duties. -MISC1- AMENDMENTS 1954 - Act Sept. 1, 1954, subjected Guam to the general provision for importations from insular possessions contained in section 1301a of title 19. EFFECTIVE DATE OF 1954 AMENDMENT Section 601 of act Sept. 1, 1954, 68 Stat. 1141, provided that: "Titles II, III, IV, and VI of this Act [enacting section 1301a of Title 19, Customs Duties, amending sections 1421e and 1644 of this title and sections 160, 161, 1001, and 1201 of Title 19] shall be effective on and after the thirtieth day following the date of the enactment of this Act [Sept. 1, 1954]". -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 48 USC Sec. 1421f 01/02/2006 -EXPCITE- 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 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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. -End- -CITE- 48 USC Sec. 1421i 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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. -End- -CITE- 48 USC Sec. 1421p 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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 Centers for Medicare & Medicaid Services, 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; Pub. L. 108- 173, title IX, Sec. 900(e)(7), Dec. 8, 2003, 117 Stat. 2374.) -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 2003 - Pub. L. 108-173 substituted "Centers for Medicare & Medicaid Services" for "Health Care Financing Administration". 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]." -End- -CITE- 48 USC SUBCHAPTER II - THE EXECUTIVE BRANCH 01/02/2006 -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 01/02/2006 -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. -End- -CITE- 48 USC Sec. 1422a 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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). -End- -CITE- 48 USC SUBCHAPTER III - THE LEGISLATURE 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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