Organic Act of Guam
SUBCHAPTER 1
GENERAL PROVISIONS

§[1] Short Title. This Act may be cited as the Organic Act of Guam.
SOURCE: "This Act" is the Act of August 1, 1950, 64 Stat. 384, codified as 48 U.S.C. 1421-1425, as amended.
§1421. Name and Territory Encompassed. The territory ceded to the United States in accor-dance with the provi-sions 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: §2 of Act of Aug. 1, 1950; 48 U.S.C. 1421.
NOTE: The numbering of this (1992) entire publication of the Organic Act and Related Federal Laws is that found in Title 48 of the U.S. Code Annotated.
§1421a. Unincorporated Territory -- Government.
Guam is hereby declared to be an unin-corporated territo-ry of the United States and the capital and seat of government thereof shall be located at the city of Agana, Guam. The gov-ernment of Guam shall have the powers set forth in this Act, shall have power to sue by such name, and, with the consent of the legislature evidenced by enacted law, may be sued upon any contract entered into with respect to, or any tort commit-ted incident to, the exercise by the government of Guam of any of its lawful powers.1 The government of Guam shall consist of three branches, executive, legislative and judicial, and its relations with the Federal Gov-ernment in all matters not the pro-gram responsi-bility of another Federal department or agency, shall be under the general administrative supervi-sion of the Secretary of Interior._
SOURCE: §3 of Act of Aug. 1, 1950, 48 U.S.C. §1421a; 1added by Act of Sept. 21, 1959; _adopted by amendment of Sept. 11, 1968, P.L. 90-497, 12(a), 82 Stat. 847.
COURT DECISIONS:
Since Guam is an unincorporated territory, its government has only those powers con-ferred upon it by Congress. Rodriguez v. Gaylord, [1977 DC Hawaii] 429 F. Supp. 797.
Because the Organic Act did not specifical-ly permit such action, the Guam Legislature could not enact a law which took from the District Court all appellate jurisdic- tion. Territory of Guam v. Olsen, 451 U.S. 195. (1977).
Because the Organic Act (22) did not specifically provide for "diversity" jurisdiction in the District Court, no such jurisdiction exists. Chase Manhattan Bank (Nat. Assn.) v. South Acres Dev. Co., [1978 U.S.] 98 S.Ct. 544.
The Organic Act provides for a stricter separation of powers than found in the U.S. Constitution in that this Act specifies that there shall be "three branches" of govern-ment. People v. Camacho, Sup.Ct.Guam, 1 Guam R. 501 (1975). Followed in Attorney General of Guam v. Superior Court (Flores, Real Party), D.C.Guam, Civ. Case #79-153 (1980).
Guam has not waived its statutory immuni-ty, granted by §3 of the Organic Act, and so is not liable for damages arising from inten-tional torts. The statutory limited waiver of immunity (Government Claims Act - §6500 et seq. of the Government Code) is constitution-al. Munoz and Munoz v. Govt. of Guam & Aguon, (1980 CA9) 625 F.2d 257.
Because of the doctrine of "separation of powers", the Legisla-ture may not hire an attorney to represent the government of Guam in the institution of a suit by and on behalf of the territory. Such an act is the preroga-tive of the executive branch, as an act "executing the laws" applicable to Guam. Government of Guam v. United States, D.C.Guam 1982, Civ. No. 82-0001.
The doctrine of "separation of powers" does not permit the Legisla-ture to enact a law by which the Judiciary appoints a person to undertake a purely executive branch func- tion, namely, the prosecution of criminal cases. People v. Camacho, 1 Guam Rep. 501.
Guam's sovereign immunity is immunity against the govern-ment only and not against officers of the govern-ment acting in their individual capacities. Ngiraingas v. Sanchez, et al., (C.A. Guam 1988) 858 F.2d 1368.
1. Territories have an "inherent sovereign immuni-ty", though not deriving it from the same source as that of the states.
2. While a sovereign may waive its immuni-ty by unequivocally expressing its consent to the court's jurisdiction, a motion to dismiss for lack of jurisdiction (because of such immunity) is not a consent to the court's jurisdiction, even when motion is accompanied by a request for court marshal to release items in his custody. Marx v. Govern-ment of Guam, (C.A.9 Guam 1989) 866 F.2d 294.
The immunity granted under this section does not provide immunity to police officers in their individual capacities in §1983 suits. Ngiraingas v. Sanchez, C.A.9 (Guam) 1988, 849 F.2d 372, 959 F.2d 1368. Aff_d U.S. Sup.Ct (1989).
§1421b. Bill of Rights.
(a) No law shall be enacted in Guam respect-ing 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 unreason-able searches and seizures, shall not be violated; and no warrant for arrest or search shall issue but upon proba-ble cause, supported by oath or affirmation, and particu-lar-ly describ-ing 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 punish-ment; 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 exces-sive fines imposed, nor cruel and unusual punishments inflicted.
(i) Neither slavery nor involuntary servi-tude, except as punishment for a crime whereof the party shall have been duly convicted, shall exist in Guam.
(j) No bill of attainder, ex post facto law, or law impair-ing 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 proper-ty, income, political opinion, or any other matter apart from citizen-ship, civil capacity, and resi- dence shall be imposed upon any voter.
(n) No discrimination shall be made in Guam against any person on account of race, lan-guage, 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 witness-es to the same overt act, or on confession in open court.
(p) No public money or property shall ever be appropri-ated, supplied, donated, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or associa-tion, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other reli-gious 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 qualifica-tion 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 associa-tion 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 or trust or profit under the gov-ernment of Guam.
(u) The following provisions of and amend-ments to the Constitution of the United States are hereby extend-ed to Guam to the extent that they have not been previ-ously 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 amend-ments inclusive; the thirteenth amendment; the second sentence of section 1 of the fourteenth amend-ment; 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 inconsisten-cy.
SOURCE: §5 of Act of Aug. 1, 1950 (Organic Act, as amended), codified as 48 U.S.C. 1421b. Subsection (u) added by Public Law 90-497, 10. 82 Stat. 847 [Elective Governor Act].
COURT DECISIONS:
Local law prohibiting voter who has signed partisan candidate's petition from signing a petition for indepen-dent candidate for the same office is not unconstitutional or contrary to this Section. Webster v. Mesa, [1977 CA9] 521 F.2d 442.
Public Law 14-8 and P.L. 15-66:25, giving certain incentives to government of Guam contractors who hire a stated percentage of local workers is contrary to the 14th Amend-ment of the U.S. Constitution. Hawaiian Dredging & Construction Co. v. Guam Airport Authority, (1980 Superior Ct.) Civ. #815-79.
A person charged with 'drunk driving' has no (U.S. Constitution) 6th Amendment right to counsel at the time of arrest. People v. Eclavea, (1981 Superior Ct.) Crim. #647-80.
Amendments to Govt. Code 21003, 21503(4) and 21553, making special, lower charges for utilities fur-nished to nonprofit activities, churches, hospitals, which, in net effect place the burden of supporting one-half of the utilities used by these entities on the ordinary, consumer, arbitrarily and capri-ciously discriminates against the ordinary consumers. This is in violation of the Bill of Rights, (this Section) which provides that no discrimination shall be made in Guam on account of ... religion. Guam Power Authori-ty v. Bishop of Guam, (1974 DC Guam) 383 F.Supp. 476.
"This court . . . holds that the Depart-ment of Public Safety's Miranda rights form is not defective." People v. McGravey, et al., (1983 Super. Guam) Cr. #100F-82.
Guam will follow the federal and majority state rule, not the California rule in Hawkins. Therefore, 8 GCA 1.15 which allows either an indictment or information in criminal cases is constitutional. People v. McGravey, et al., (1983 Super.Guam) Cr. #100F-82.
In the context of juvenile certification proceedings, due process requirements of right to counsel, adequate notice and a statement of reasons at a hearing were met in this case. Failure to investigate motives for alleged criminal act do not constitute a violation of due process rights. People v. Kingsbury, (CA9 1981) 549 F.2d 740.
The Government of Guam could continue its customs searches of persons and goods arriving from foreign countries and the Northern Marianas; issue of searches of persons and goods coming from Hawaii re-manded for fact finding. Barusch v. Calvo, (CA9 1982) 685 F.2d 1199.
A juvenile is not subject to double jeopar-dy in violation of this section by certification proceedings in juvenile court, since, by the terms of the statute, the certification hearing is only to determine the forum for the pro-ceedings, not for determining the fact of guilt, innocence or delinquency. People v. Fejeran, (CA9 1982) 687 F.2d 302.
P.L. 13-115, the Malpractice Claims Manda-tory Screening and Mandatory Arbitration Act, violates the due process clause of [5) of the Organic Act and the 14th Amendment of the U.S. Constitution because it is "incom-prehensibly vague and impossible to apply." Hammonds v. Boonprakong & Awa v. GMHA, (D.C. Guam, App. Div 1983) Civ. #81-003A & #81-048A; aff'd. as Awa v. GMH, 726 F.2d 594.
P.L. 14-151, requiring that the Parole Board determines eligibility for an inmate leaving the Guam Penitentiary for any reason, is in violation of the 14th Amendment of the U.S. Constitution (through 5(u) of the Organic Act) because it fails to set forth proper guidelines to be followed. Mendiola v. Parole Board, (Super.Guam 1981) SP #185-81.
Civil Code §537(2), permitting pre-judg-ment attach-ments against nonresidents of Guam, violated the due process clause of the Constitu-tion (through 5(u) of the Organic Act) because no opportunity for a hearing is given the defendants and because the attach- ment must issue upon the filing of an ex parte affidavit. Holmes & Narver, Inc. v. Udui, (Super.Guam 1982) Civ. #726-81.
A former police officer fighting in court to regain his position is a "public figure" under the 1st Amend-ment to the Constitution (here 5(a)) and, therefore must meet the appropri-ate burden in his attempt to prove libel against a newspaper. Camacho v. Udick, (D.C.Guam App. Div. 1983) Civ. #81-0103A.
"The waiver of juvenile court jurisdiction is a 'critically impor-tant' proceedings which 'must mea-sure up to the essential of due process and fair treatment." [Applied to Guam through 5(u)]. People in the interest of Manglona, (D.C.Guam App. Div. 1983) Cr. #02-0011A.
Only an amendment to the United States Constitu-tion can give to the people of Guam the right to vote for President and Vice President. There is no existing constitu- tional right requiring such a vote. Attorney Gen-eral of Guam v. United States, C.A.9 1984, No. 83-1890, 738 F.2d 1017.
Because Guam is an unincorporated territo-ry having only powers given it by Congress, "it is in essence an instrumentality of the federal govern-ment." As such, the negative implications of the commerce clause of the U.S. Constitution do not apply to Guam. Sakamoto v. Duty Free Shoppers, Ltd., D.C.Guam 1983, 613 F.Supp. 381, aff'd. 764 F.2d 1285, cert. den. 106 S.Ct. 1457, 89 L.Ed.2d 715.
§1421c. Continuation of Laws in Force; Modifi-cation or repeal of laws. (a) The laws of Guam in force on August 1, 1950, except as amended by this chapter, are hereby contin-ued in force, subject to modification or repeal by the Con-gress of the United States or the Legislature of Guam, and all laws of Guam inconsistent with the provi-sions of this chapter are hereby repealed to the extent of such inconsistency.
(b) Applicability of Federal Laws to Guam. (Re-pealed)
SOURCE: §25 of Act of Aug. 1, 1950 (Organic Act); amended by Act of Sept. 11, 1968, Public Law 90-497, §7, 82 Stat. 847 (Elective Governor Act). Codi-fied as 48 U.S.C. 1421c. Amendment repealed re-quirement that, in order to affect Guam, "Guam" or "possession" be specifically stated in the law; and repealed reference to Commis-sion to study applica- bility of federal laws to Guam. This latter Commis-sion had already issued its report.
§1421d. Salaries and Travel Allowances of officers and employees. The salaries and travel allowances of the Gover-nor, Lieutenant Gover-nor, the heads of the execu-tive depart-ments, other officers and employees of the government of Guam, and the members of the Legisla-ture, shall be paid by the government of Guam at rates prescribed by the laws of Guam.
SOURCE: §26 of Act of Aug. 1, 1950 (Organic Act); amended Aug. 1, 1956, c.852, §21, 70 Stat. 911; July 30, 1965, Public Law 89-100, 79 Stat. 424; Sept. 11, 1968, Public Law 90-497, §9(a), (b), 82 Stat. 847 (Elective Governor Act). Codified as 48 U.S.C. 1421d.
§1421e. Duty on articles. All articles coming into the United States from Guam shall be sub-ject to or exempt from duty as provided for in section 1301a of Title 19 [U.S.C.].
SOURCE: §27 of Act of Aug. 1, 1950 (Organic Act); amended Sept. 1, 1954, c. 1213, Title IV, §402(b), 68 Stat. 1140. Codified as 48 U.S.C. §1421e. The underlying 19 U.S.C.A. §1301a has been repealed and now Guam's customs status is found in 19 U.S.C.A. §1202, Headnote 3.
§1421f. Title to Property Transferred. (a) The title to all property, real and personal, owned by the United States and employed by the naval government of Guam in the adminis-tration of civil affairs of the inhabit-ants 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 the date of enactment of this Act [Organic Act].
(b) All other property, real and personal, owned by the United States in Guam, not re-served by the President of the United States within ninety days after the date of enactment of this Act [Organic Act], is hereby 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 the authori-ty, subject to such limitations as may be imposed upon its acts by this Act [Organic Act] or subsequent acts of the Congress, to legislate with respect to such property, real and person-al, in such manner as it may deem desirable.
(c) All property owned by the United States in Guam, the title to which is not transferred to the govern-ment of Guam by subsection (a) hereof, or which is not placed under the control of the government of Guam by subsec- tion (b) hereof, 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 Secre-tary 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: §28 of Act of Aug. 1, 1950 (Organic Act); amended by Elective Governor Act, Public Law 90-497 by designat-ing the adminis-trative control of subsection (c) to be in the Secretary of the Interior. Codified as 48 U.S.C. §1421f.
NOTE: Pursuant to subsection (b), the President of the United States issued the following Executive Order reserving certain lands for use by the United States:

Executive Order No. 10178
Oct. 30, 1950, 15 F.R. 7313
RESERVATION OF PROPERTY IN GUAM FOR USE OF THE UNITED STATES

WHEREAS, section 28 of the Organic Act of Guam, approved August 1, 1950 (Public Law 630, 81st Con-gress), reads: "(a) The title to all property, real and personal, owned by the United States and employed by the naval govern-ment of Guam in the administration of the civil affairs of the inhabitants of Guam, including automotive and other equip-ment, tools and ma-chinery, water and sewerage facilities, bus lines and other utili-ties, hospitals, schools, and other build-ings, shall be transferred to the govern-ment of Guam within 90 days after the date of enactment of this Act.
(b) All other property, real and personal, owned by the United States in Guam, not re- served by the President of the United states within ninety days after the date of enactment of this Act, is hereby placed under the control of the govern-ment 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 Act or subse-quent acts of Congress, to legislate with respect to such property, real and person, in such manner as it may deem desirable.
(c) All property owned by the United States in Guam, the title to which is not transferred to the govern-ment of Guam by subsection (a) hereof, or which is not placed under the control of the government of Guam by subsection (b) hereof, is transferred to the administrative supervision of the head of the department or agency designated by the Presi-dent under sec-tion 3 of this Act [Dept. of the Interior], except as the President may from time to time otherwise prescribe; Provided, That the head of such department of agency shall be authorized to lease of sell, on such terms as he may deem in the public interest, any property, real or personal, of the United States under his administrative supervision in Guam not needed for public purposes.
WHEREAS, certain hereinafter described real and personal property of the United States in Guam is required for the respective uses of the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Coast Guard, and it has been mutually agreed that the Department of the Navy shall act on behalf of the Department of the Army, the Depart- ment of the Air Force, and the Coast Guard with respect to their requirements as to such property;
WHEREAS, certain other hereinafter described real property of the United states in Guam has 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 replace-ment of lands acquired for military or naval purposes in Guam, and such property should remain available for disposition by the Secretary of the Interior in his discretion under section 28(c) of the said Organic Act of Guam; and
WHEREAS, certain other hereinafter described personal property of the United States in Guam should remain available for the respective needs of the Depart-ment of the Army, Department of the Navy, Depart-ment of the Air Force, the Coast Guard and other agencies of the United States:
NOW, THEREFORE, by virtue of the authority vested in me by the said section 28 of the Organic Act of Guam, 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 jurisdic-tion of the Secretary of the Navy: Provided, that the secretary of the Navy shall transfer such portions of such prop-erty 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 pro-ceedings 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 (Presen-tation No. 22063):

Civil No. Facility Area
[Acres]
2-48 North Field 4,566.757
5-48 Mt. Santa Rosa Water Reservoir
and supply lines 9.372
6-48 Mt. Santa Rosa-Marbo Water Lines 5.990
7-48 Tumon Maui Well Site 5.990
2-49 Naval Ammunition Depot 4,803.000
3-49 Primary Transmission Line 44.651
4-49 Mt. Santa Rosa-Marbo Water Line
easement 12.169
5-49 Apra Harbor Reservation 6,332.000
2-50 Acecorp Tunnel 6.450
3-50 Camp Dealy 35.391
4-50 Tumon Bay Rec. Area Utility Lines 0.637
5-50 Agana Springs 24.914
6-50 Asan Point Tank Farm 41.300
7-50 Asan Point Housing 85.032
8-50 Medical Center 137.393
9-50 Agafa Gumas 45.630
10-50 Naval Communications Station 4,798.682
11-50 Nimitz Beach 11.726
12-60 Command Center 800.443
13-50 Tarague Natural Wells 4,901.100
14-50 Agana Diesel Elec.
Generating Plant 5.945
15-50 Mt. Santa Rosa Haul Road, Water
Reservoir and Supply Lines, VHF
Relay Station, Mt. Santa Rosa Marine
Water Line 23.708
16-50 Northwest Air Force Base 4,562.107
18-50 Marbo Base Command Area--Sewage
Disposal 60.480
19-50 Loran Station Cocos Island 21.695
20-50 Av-Gas Tank Farm #12 15.322
21-50 Proposed Boundary of NAS Agana,
Housing Area #7 1,820.148
22-50 C.A.A [FAA] Site (Area #90) 37.519
23-50 Tumon Maui Well (Water Tunnel) 3.575
24-50 Tumon Bay Rec. Area (Road & AV-Gas
Fuel Line Parcel #1 49.277
25-50 Utility easement from Rt. #1 to Rt. #6
(Coontz Junction) 0.208
26-50 Tumon Bay Rec. Area (Area #78) 65.300
27-50 Marbo Base Command 2,497.400
28-50 Mt. Tenjo VHF Station Site 0.918
29-50 Sasa Valley Tank Farm (Area #26) 285.237
30-50 Sub Transmission System Piti Steam
Plant to Command Center 17.793
31-50 Route #1 (Marine Drive) (Portion) 28.888
32-50 Sub Transmission System (34 KV Line)
Piti Steam Plant to Agana
Diesel Plant and POL System Sasa
Valley Tank Farm to NAS Agana 94.000
33-50 Harmon Air Force Base 953.000
34-50 Radio Barrigada 2,922.000
35-50 AACS Radio Range (Area #30) 25.000
36-50 Water Line Apra Heights Reservoir
to Fena Pump Station & AV-Gas Fuel
System 37.000
37-50 Fena River Reservoir 2,185.000


(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 Alutom Light; Area Number 35 culverts; Mount Santa Rosa Light; 36 acres of Camp Witek; Adelup Reservoir; Tripartite Seismograph Station Site, Land Unite 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 2206-1 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 §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 Untied 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 [subsection n(a) of this section], which on the date of this order, Oct. 31, 1950, is in the custody or control of the Department of the Army, 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 (Oct. 31, 1950).-
COURT DECISIONS:
The Guam Legislature is a part of the 'government of Guam' within the meaning of this Section (48 USCA 1421f) and, as such, may make appropriate lawful conditions, including approval by the Legislature, on the sale, lease or disposition of any lands trans- ferred by the U.S. to Guam. Bordallo v. Camacho, (1973 CA9) 475 F.2d 712.
§1421f-1. Acknowledgment of Deeds. Deeds and other instruments affecting land situate in the District of Colum-bia or any Territory of the United States may be acknowl-edged in the is-lands of Guam and Samoa or in the Canal Zone before any notary public or judge, ap-pointed 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 instru-ments affecting lands so situate, so acknowl-edged since the 1st 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: Codified as 48 U.S.C. 1421f-1. Act of June 28, 1908, ch. 3585, 34 Stat. 552. Not in Organ-ic Act.
§1421g. Establishment and maintenance of public bodies and offices.
(a) Public Health Services. Subject to the laws of Guam, the Governor shall establish, maintain, and operate public health services in Guam, including hospi-tals, 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 impor-ta-tion and spread of disease.
(b) Public Education System. The Govern-ment of Guam shall provide an adequate public educational system of Guam, and to that end shall establish, main-tain, 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.
SOURCE: §29 of Act of Aug. 1, 1950 (Organic Act). Codified as 48 U.S.C. §1421g. Subsection (b) amended by 5 and 13(a)(1) of Pub. Law 99-396, Act of Aug. 27, 1986. Subsection (c) added by 13(a)(2) of Pub. Law 99-396, Act of Aug. 27, 1986.
COURT DECISIONS:
The supervision of all departments of the Gov-ernment of Guam, including the Depart-ment of Education, rests with the Governor of Guam. There-fore, a 1972 collective bargain-ing agree-ment exceeds the authority given to the signatories where that agreement requires the prior approval of the union before any changes, or complete termination thereof, may be made after the termination date of the agreement. People v. Guam Federation of Teachers Local 1581, Conrad Stinson, Presi-dent, et al. [DC Guam App. Div. 1978] 2 Guam Rep. 203.
Because (Organic Act) 29(a) gives super-vision over health facilities in Guam to the Governor, the Legislature has no power to enact a law which, by determining that cer-tain private groups would chose persons the Governor must appoint to the Hospital Board of Trustees, effec-tively insulates the Gover-nor from effective control of the Hospital. Bordallo v. Baldwin, [1980 CA9] 624 F.2d 932.
The phrase in subsection (a), "subject to the laws of Guam," applies equally to both subsections (a) and (b). Therefore, the Governor of Guam is not free to ignore the laws of Guam as they operate with regard to establishing rules and regulations dealing with dismissal of personnel within the government. Brown v. Civil Service Commission, (C.A.9 Guam 1987) 818 F.2d 706,
Govt. Code §5105, coupled with P.L. 14-1, creat-ing an elected school board, violate 20(b) of the Organic Act as of the time of the enactment of P.L. 14-1 by removing from the Governor the powers given him by this section. The amendments made to this section in 1986 are not retroactive. Therefore, the elected school board is null and void, and the Governor has the power to fire the Director and Deputy Director of Education. Nelson & Wolf v. Ada, et al., Superior Court Case No. S.P. 192-87 (11/6/87); aff'd, 878 F.2d 277 (CA9, 1989).
§1421h. Duties, taxes and fees; proceeds collect-ed to constitute fund for benefit of Guam; prerequi-sites, amount remitted prior to com- mencement of next fiscal year. 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, compensa-tion 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 quaran-tine, passport, immigra-tion, 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 expend-ed for the benefit and government of Guam in accor-dance 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 Title 26. Beginning as soon as the government of Guam enacts legislation establishing a fiscal year commencing on October 1 and ending on Septem- ber 30, the Secretary of the Treasury, prior to the commence-ment 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 govern-ment 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 collect-ed 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: §30 of Act of Aug. 1, 1950 (Organic Act); amended Sept. 13, 1960, Public Law 86-778, Title I, §103(u), 74 Stat. 941 by adding clause beginning "except that nothing. . .".; further amended by Public Law 95-348, Act of Aug. 18, 1978. Amended by §601 of Act of October 5, 1984, P.L. 98-454 relative to return of taxes paid by certain federal employ-ees, retirees and their spouses. Codified as 48 U.S.C. §1421h.
Guam implemented the federal fiscal year by P.L. 14-132:V:13, adding 1 GCA § 1611. The new fiscal year com-menced on October 1, 1978.
NOTE: The Omnibus Territories Act of 1986 incor-porates the following language relative to the re-ceipt by Guam of money under 30 (the above section). The pur-pose of the new language is to ex-empt Guam (and the other territories) from the effects of the Gramm-Rudman (Deficit Reduction) Law and similar laws.
§19(b). Pursuant to the terms of the Organic Act of Guam (64 Stat. 384), as amended; . . . , and an Act to authorize appropria-tions for certain insular areas of the United States, and for other purposes (92 Stat. 487, as amended; there shall be paid into the trea-sury[y] of Guam, . . . , the full amounts which are to be covered into the treasuries of said islands or paid pursu-ant to said laws as amended and supplement-ed and such amounts shall not be reduced, notwith- standing Public Law 99-177, Public Law 99-366, or any other provi-sions of law.
COURT DECISIONS:
Under this Act [Organic Act] Congress intended employees who earn income for personal services in Guam to pay income tax imposed by provisions of Act into the territo-rial treasury to sustain the local government of the island. Lamkin v. Brown & Root, Inc., C.A.Guam 1956, 233 F.2d 320.
Where corporate employer of taxpayer in Guam withheld income tax payments and paid them to Acting Treasurer of Guam under this section, provid-ing that federal income taxes derived from Guam shall be covered into the treasury of Guam and held on account of that government, and 1421i of this title, provid-ing that income tax laws in force in the United States and those which hereafter may be enacted shall be in force in Guam, and the U.S. construed these sections as establishing territorial tax to be adminis- tered by officials of Guam, taxpayer could not be heard to say that tax should be returned to him in order that it be paid to United States and returned to Guam treasury from which it was taken. Laguana v. Ansell, D.C.Guam 1952, 102 F.Supp. 919; aff'd 212 F.2d 207; cert. den. 75 S.Ct. 51, 348 U.S. 830, 99 L.Ed. 654.
1421i. Income Tax. (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 Legisla-ture 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 govern-ment of Guam.
(b) Guam Territorial Income Tax. The income tax laws in force in Guam pursu-ant to subsection (a) of this section shall be deemed to impose a separate Territo-rial Income Tax, payable to the govern-ment of Guam, which tax is designated the "Guam Territorial Income Tax".
(c) Enforcement of Tax. The administration and enforce-ment of the Guam Territorial Income Tax shall be performed by or under the supervision of the Governor. Any function needful to the administration and enforce- ment 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 Gover-nor (either directly, or indirectly by one or more redelega-tions 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 in-clude but are not limited to the following provi-sions of the Internal Reve-nue Code of 1954, where not manifestly inappli-cable or incompatible with the intent of this section: Subtitle A [26 U.S.C.A. §1 et seq.] (not including chapter 2 [26 U.S.C.A. §1401 et seq.] and section 931 (26 U.S.C.A. §931); chapters 24 and 25 of subtitle C [26 U.S.C.A. §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.A. §6001 et seq.] which apply to the income tax, including provisions as to crimes, other offenses, and forfeitures con-tained in chapter 75 [26 U.S.C.A. §7201 et seq.]. For the period after 1950 and prior to the effective date of the repeal of any provision of the Internal Reve-nue Code of 1939 which corresponds to one or more of those provisions of the Internal Revenue Code of 1954 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 provi-sions 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 1954 [26 U.S.C. §7654(e)] for enforce-ment of the Guam Territorial Income Tax shall be prescribed by the Governor. The Governor or his delegate shall have the 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._
(e) Substitution of Terms. In applying as the Guam Territorial Income Tax the income tax laws in force in Guam pursu-ant to subsection (a) of this section, except where it is manifestly otherwise required, the applicable provisions of the Internal Reve-nue Codes of 1954 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 "Com-missioner of Internal Revenue" and "Collector of Internal Revenue", "District Court of Guam" for "district court" and with other changes in no- mencla-ture and other language, including the omission of inapplicable lan- guage, where neces-sary 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 1954 [26 U.S.C.A. §7201 et seq.], or the corresponding provisions of the Internal Reve-nue Code of 1939, as includ-ed in the income tax laws in force in Guam pursuant to subsection (a) of this section, shall be an offense against the govern-ment of Guam and may be prosecuted in the name of the gov-ernment 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 govern- ment 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 judg-ment. (1) Notwithstand-ing any provision of Section 22 of this Act [section 1424 of Title 48] or any other provi-sions 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 collect-ed, under the income tax laws in force in Guam, pursuant to subsection (a) of this sec-tion, may, regardless of the amount of the claim, be maintained against the govern-ment of Guam subject to the same statutory require-ments 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 he United States Income Tax. When any judg-ment against the government of Guam under this paragraph has become final, the Governor shall order the payment of such judg-ments out of any unencum-bered funds in the trea-sury 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 judg-ment out of any unen-cumbered funds in the treasury of Guam.
(4) A civil action for the collection of the Guam Territori-al 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, notwith-standing section 1424(a) of this title. [Organic Act]
SOURCE: §31, containing only subsection (a), of Act of Aug. 1, 1950 (Or-ganic Act); amended Aug. 20, 1958, Public Law 85-688, §1, 72 Stat. 681 - added subsec-tions (b) - (h); [1] Oct. 15, 1977, Public Law 95-134, Title II, 203(c), 91 Stat. 1162. Public Law 92-606, §1(d), 86 Stat. 1497, Oct. 31, 1972. Codified as 48 U.S.C. §1424i.
NOTE: There are many decisions, both in the Dis-trict Court and the Ninth Circuit Court of Ap-peals, dealing with specific sec-tions of the Internal Revenue Code as applied to Guam. These are not annotated here as they do not deal with this Section as an Organic Act section. However, see notes to 48 USC §1421i in USCA and USCS for further informa-tion.
CROSS-REFERENCE: Section 204 of the Act of October 5, 1984, P.L. 98-454, added the following regarding specific au-thority un-der the Internal Reve-nue Code:
"Section 204. (a) The Governor of any posses-sion of the United States may for calendar years 1984 and 1985 proclaim a formula (different from that provided by §103A(g) of the Internal Revenue Code of 1954) for allocating the State ceiling under such section among the governmental units in such possession having authority to issue qualified mort-gage bonds (as defined in 103A(c) of such Code).
(b) The authority provided by subsection (a) shall not apply after the effective date of any legisla-tion with re-spect to the allo-cation of the State ceiling enacted by the legisla- ture of the possession after the date of enactment of this Act.. [Oct. 5, 1984]
COURT DECISIONS:
Section 31 of the Organic Act was enacted by the Congress primarily to relieve the US Treasury of making direct appropriations to the Govern-ment of Guam. Although Congress delegated collection and enforcement function of the income tax to the Gov- ernment of Guam, the Government of Guam is powerless to vary the terms of the Internal Revenue Code as applied to Guam, except as permitted by Congress. Bank of America v. Chaco, C.A.Guam 1976, 539 F.2d 1226.
Guam's rebate and abatement provisions (GEDA law) did not violate provisions of this section since Congress failed to annul the tax rebate provisions within the one-year period and, thus, impliedly approved the same. [That provision of 48 U.S.C.A. §1423i which gave Congressional approval of Guam laws if not annulled by Congress within one year was repealed after the passage of the tax rebate laws.] Ramsey v. Chaco, C.A.Guam 1977, 549 F.2d 1335.
The District Court of Guam has jurisdic-tion, by virtue of Guam Government Code 19700, to redeter-mine deficiencies assessed under the income tax laws of the territory of Guam. Forbes v. Maddox, C.A.Guam, 339 F.2d 387 reversing 212 F.Supp. 662.
Because the CNMI Covenant provided that, where pertinent, the Internal Revenue Code should substitute "CNMI" for "Guam" and also for "United States", this language, being a federal public law, affected the mirror image tax code made applicable to Guam by this section. Holmes v. Dir. of Rev. & Taxation, C.A.Guam 1987, 827 F.2d 1243.
§1421j. Appropriations Authorized. There are hereby 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 of this chapter.
SOURCE: §32 of Act of Aug. 1, 1950 (Organic Act). Codified as 48 U.S.C. §1421j.
§1421k. Naval and Military Reservations. Nothing contained in this chapter shall be con-strued 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: §33 of Act of Aug. 1, 1950 (Organic Act). Codified as 48 U.S.C. §1421k.
COURT DECISIONS:
This chapter, providing government for Guam, did not by implication repeal Ex.Ord. No. 8683 reserving territorial waters between extreme high-water marks and three-mile boundaries surrounding Guam as naval defen-sive sea area and providing that no person, unless on public vessel of the United States, shall enter area. U.S. v. Angcog, D.C.Guam 1961, 190 F.Supp. 696.
NOTE: Section 34 of the Organic Act provid-ed for the effective date of the act and gave the President some leeway in putting its provisions into effect. The effective date of the Organic Act was August 1, 1950.
§1421k-1. Expenses for Guam's Delegate to Congress. Notwith-standing any other provision of law, the clerk hire allowance and the trans- portation expenses subject to reim-bursement under Federal law of the Delegate from Guam to the United States House of Representatives shall each be the same as allowed for Members of the United States House of Representatives.
SOURCE: §35 of the Organic Act, as added by Act of May 27, 1975, Public Law 94-26, §1, 89 Stat. 94. Codified as 48 U.S.C. §1421k-1. See also 48 U.S.C. §1715.
§1421l. Citizenship of Persons living in and born in Guam. (Repealed.)
SOURCE: Organic Act §4. Repealed by Act of June 27, 1952, c. 477, Title IV, §403(a)(42), 66 Stat. 280. This Section, with changes, was re-enacted as part of the Immigration and Nationality Act of 1952, 8 U.S.C. §1407.
§1421m. Marihuana prohibited. (Repealed.)
SOURCE: Added by Act of Aug. 1, 1956, c. 852, §15, 70 Stat. 910. Not part of Organic Act. Repealed by Act of Oct. 27, 1970, Pub.L. 91-513, Title III, Part B, §1101(a)(8), 84 Stat. 1292 - Federal Con-trolled Sub-stances Act.
§1421n. Copyrights. The laws of the United States relating to copyrights, and to the en-forcement of rights arising thereunder, shall have the same force and effect in Guam as in the continental United States.
SOURCE: Codified as 48 U.S.C. §1421n. Act of Aug. 1, 1956, c, 852, §24, 70 Stat. 911. For present copy-right law, see Copyright Act, 17 U.S.C. §101 et seq. (Pub.L. 94-553, 90 Stat. 2541). Not in Organic Act.
§1421o. Federal Assistance for Fire Control, Water-shed Protection and Reforestation. The Secre-tary of Agriculture is authorized to provide finan-cial and technical assistance to Guam for improving fire control, watershed protection and reforestation, consis-tent with existing laws, adminis-tered by the Secretary of Agricul-ture, which are applicable to the continental United States. The program authorized by this section shall be developed in cooperation with the terri-torial government of Guam and shall be covered by a memoran-dum or understanding agreed to by the territorial govern-ment and the Department. The Secretary may also utilize the agencies, facilities, and employees of the Depart-ment, and may cooperate with other public agencies and with private organizations and individuals in Guam and elsewhere.
SOURCE: Act of Sept. 19, 1974, Public Law 93-421, 1, 88 Stat. 1154. Codified as 48 U.S.C. 1421o. Not in Organ-ic Act.
§1421p. Appropriations Authorized. There are hereby authorized to be appropriated such sums as may be neces-sary to carry out the purposes of section 1421o of this title [48 U.S.C.]. Sums appropriated in pursuance of sections §1421o and §1421p of this title [48 U.S.C.] may be allocated to such agencies of the Department as are concerned with the adminis-tration of the program in Guam.
SOURCE: Added by Public Law 93-421, 2, Sept. 19, 1974, 88 Stat. 1154. Codified as 48 U.S.C. 1421p. Not in Organic Act.
§1421q. Applicability of Federal Laws. The laws of the United States which are made appli-cable to the Northern Mariana Islands by the provi- sions of section 502(a)(1) of H.J. Res. 549 [Pub.L. 92-241], as approved by the House of Representatives and the Senate, except for Section 228 of Title II [42 U.S.C.A. 428] and Title XVI of the Social Security Act [42 U.S.C.A. 1381 et seq.] as it applies to the several States and the Micronesian Claims Act [50 App. U.S.C.A. 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: Act of April 1, 1976, Public Law 94-255, §2, 90 Stat. 300. Codified as 48 U.S.C. §1421q. Not in Organ-ic Act.



SUBCHAPTER 2
EXECUTIVE BRANCH

§1422. Governor; Lieutenant Governor: Pow-ers, duties. The executive power of Guam shall be vested in an execu-tive officer whose official title shall be the "Gover-nor of Guam". The Governor of Guam, together with the Lieuten-ant Governor, shall be elected by a majority of the votes cast by the people who are qualified to vote for the mem-bers of the Legislature of Guam. The Governor and Lieu-tenant Gover-nor shall be chosen jointly, by the casting by each voter of a single vote applicable to both offices. If no candidate receives a majority of the votes cast in any election, on the four- teenth day thereafter a runoff election shall be held between the candi-dates for Governor and Lieutenant Gover-nor receiving the highest and second highest number of votes cast. The first election for Gover-nor and Lieutenant Governor shall be held on Novem-ber 3, 1970. Thereafter, beginning with the year 1974, the Gover-nor and Lieutenant Gover-nor shall be elected every four years at the general election. The Governor and Lieuten-ant 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 Lieu-tenant Governor shall commence on the first Monday in 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 incumben-cy.
The Governor shall have general supervision and control of all the departments, bureaus, agencies, and other instru-mentalities 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 execu-tive 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 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, inva-sion, insurrec-tion, or rebellion, or imminent danger thereof, or to prevent or sup-press lawless violence, he may summon the posse comitatus or call out the militia or request the assistance of the senior military or naval com-mander 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 responsibil-ities. He may, in case of rebellion or invasion, or immi- nent danger thereof, when the public safety requires it, proclaim the island, insofar as it is under the jurisdiction of the govern-ment of Guam, to be under martial law. The members of the Legislature shall meet forthwith on their own initiative and may, by two-thirds vote, revoke such proclamation.
The Governor shall prepare, publish, and submit to the Congress and the Secretary of the Interior a compre-hensive annual financial report in conformance with the standards of the Nation-al 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 Coun-cil on Governmen-tal Accounting relating to the physical, economic, social and political charac- teristics of the govern-ment, and any other information required by Congress. The Gover-nor 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 Con-gress. 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 also submit to the Congress, the Secretary of the Interior, and the cognizant Federal auditors a written statement of actions taken or contemplat-ed on Federal audit recom- mendations within sixty days after the issuance date of the audit report. He shall have the power to issue executive orders and regulations not in conflict with any applicable law. He may recommend bills to the Legisla-ture 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: Act of Aug. 1, 1950, c. 512, §6, codified as 48 U.S.C. 1422; amended by Public Law 90-497, §1, 82 Stat. 842 (Elective Governor Act); Public Law 97-357, §104, 96 Stat. 1706 (Omnibus Territo-ries Act - 10/19/82).
COURT DECISIONS:
This Section did not authorize the Gover-nor of Guam to issue an executive order establishing curfew regulations during the aftermath of Typhoon Pamela (1976). Gayle v Government of Guam, [1976 DC Guam] 414 F. Supp. 636.
The Governor of Guam, pursuant to his authority to enforce federal laws applicable to Guam, has the residual authority, in the absence of the appropriate federal enforce-ment office on Guam, to deport an alien who has overstayed his permit. Ex parte Rog-ers, [1952 DC Guam] 104 F. Supp. 393.
Section 6 of the Organic Act does not permit the Legislature to take from the Gov- ernor all discretion in appointing members of the Guam Memorial Hospital Board of Trustees and, therefore, P.L. 14-9 is void as contrary to the Organic Act. Bordallo v. Baldwin, (C.A.9 1980) 624 F.2d 932.
P.L. 16-72, by limiting the reasons for removing the Territorial Prosecutor to cer- tain, specific reasons, violates 6 of the Organic Act because, by so doing, the Gov-ernor "lacks substantial power to supervise and control the office." People v. Perez, et al., (1982 Su-per.Guam) Cr. Case #59F-82; rehearing 9/82, decision sustained. Aff'd., D.C.Guam App.Div. Case No. 82-0215 (1983). 2 Guam R. _____.
". . . the Governor is authorized to exercise his executive prerogative in adminis- tering the expenditure of appropriated funds." Once a sum has been appropriated, the Legislature cannot administer it. Santos v. Calvo, (D.C. Guam, App. Div. 1982) Civ. #80-223A, 2 Guam R. ____.
Section 6 does not permit the Governor to act by Executive Order, where such act is in direct conflict with law -- Authorizing the Guam Memorial Hospital Authority to continue control over GMHP -- when the law divested the Authority of such power. GMHA v. Health Management Int'l., et al., (Super.Guam 1982) Civ. #640-82.
"It seems reasonable to assume that if the Governor has authority to execute federal laws applicable in Guam, then execution of such laws becomes a 'subject of local applica-tion' which the Guam Legislature is empowered under the Organic Act to legislate in such matters to assist the Governor in the enforce-ment of his duties." People v. Salas, (Super.Guam 1982) Cr. #47F-82.
The supervision of all departments of the Gov-ernment of Guam, including the Depart-ment of Education, rests with the Governor of Guam. There-fore, a 1972 collective bargain-ing agree-ment exceeds the authority given to the signatories where that agreement requires the prior approval of the union before any changes, or complete termination thereof, may be made after the termination date of the agreement. People v. Guam Federation of Teachers Local 1581, Conrad Stinson, Presi-dent, et al. [DC Guam App. Div. 1978] 2 Guam Rep. 203.
Govt. Code §5105, coupled with P.L. 14-1, creating an elected school board, violate §20(b) of the Organic Act as of the time of the enactment of P.L. 14-1 by removing from the Governor the powers given him by this section. The amendments made to this section in 1986 are not retroactive. Therefore, the elected school board is null and void, and the Governor has the power to fire the Director and Deputy Director of Education. Nelson & Wolf v. Ada, et al., Superior Court Case No. S.P. 192-87 (11/6/87); aff'd, 878 F.2d 277 (CA9, 1989).
§1422a. Initiative, Referendum and Removal. (a) The people of Guam shall have the right of initiative and referen-dum, to be exercised under conditions and proce-dures 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 preced-ing general election at which such official was elected vote in favor of a recall and in which those so voting constitute a majority of all those participating in the 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) a 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 elect-ed preced-ing the filing of the petition.
SOURCE: §7 of the Act of Aug. 1, 1950 (Organic Act), codified as 48 U.S.C. 1422a; amended by Public Law 90- 497, §2, 82 Stat. 844 (Elective Governor Act); Public Law 97-357, §101, 96 Stat. 1705 (Omni-bus Territories Act - 10/19/82).
§1422b. Vacancy in Office of Governor or Lieu-tenant Governor; Temporary Disability, or Tempo-rary Absence of Governor. (a) Tempo- rary disability or temporary absence of Governor. In case of the temporary disability or tempo-rary absence of the Gover-nor, the Lieutenant Governor shall have the powers of the Governor.
(b) Permanent vacancy in office of Gover-nor. In case of a perma-nent vacancy in the office of Governor, arising by reason of the death, resignation, removal by recall, or perma-nent disability of a Governor-elect, or for any other reason, the Lieutenant Governor, or Lieutenant Gover-nor-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 tempo-rary disability or temporary absence of the Lieutenant Gover-nor, or during any period when the Lieutenant Governor is acting as Governor, the Speaker of the Guam Legisla-ture shall act as Lieutenant Governor.
(d) Permanent vacancy in office of Lieutenant Gover-nor. In case of a permanent vacancy in the office of Lieu-tenant Governor, arising by reason of the death, resigna-tion, or permanent disability of the Lieutenant Governor, or because the Lieutenant Governor or Lieu-tenant 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 unex-pired term and until he or his successor shall have been duly elected and qualified at the next regular election for Lieuten-ant Governor.
(e) Temporary disability of temporary absence of both Governor and Lieutenant Governor. In case of the tempo-rary 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 Gover-nor 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 compen-sation shall be paid to any person acting as Governor or Lieutenant Governor who does not also assume the office of Governor or Lieu-tenant Governor under the provisions of this chapter.
SOURCE: §8 of Act of Aug. 1, 1950 (Organic Act), codified as 48 U.S.C. §1422b; amended by Public Law 87-419, §1, 76 Stat. 34 (Mar. 16, 1962); Public Law 90-497, §3, 82 Stat. 844 (Sept. 11, 1968) (Elective Gover-nor Act). For implementation see 5 GCA §1101, et seq.
§1422c. Executive agencies and instrumentali-ties. (a) Appoint-ment of heads; merit system. The Governor shall, except as otherwise provid-ed in this chapter or the laws of Guam, appoint, by and with the advice and consent of the legislature, all heads of execu-tive agencies and instrumen-tali-ties. The legislature shall establish a merit system and, as far as practicable, ap-pointments and promotions shall be made in accordance with such merit system. The Gov-ernment of Guam may by law establish a Civil Service Commission to adminis-ter 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 upon 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 purpos-es 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: §9 of Act of Aug. 1, 1950 (Organic Act, as amended), codified as 48 U.S.C. §1422c; amended by Elective Governor Act, Pub.L. 90-947, §4, 82 Stat. 845. §9(a) amended by Pub.L. 99-396, sec. 18, Act of Aug. 27, 1986.
COURT DECISIONS:
The power to reorganize the executive branch does not extend to creation, by Executive Order, new agencies of the govern-ment. Creation of new agen-cies is the pre- rogative of the Legislature. Laguana v. Guam Visitors Bureau, D.C.Guam 1983, Civ. No. 83-0008. Aff'd. C.A.9., 725 F.2d 519 (1984). See also Bordallo v. Reyes, et al., 610 F.Supp. 1128; aff'd 763 F.2d 1098 (1985).
Because of the doctrine of "separation of pow-ers", the Legislature may not hire an attorney to represent the government of Guam in the institution of a suit by and on behalf of the territory. Such an act is the preroga-tive of the executive branch, as an act "exe-cuting the laws" applicable to Guam. Gov-ernment of Guam v. United States, D.C.Guam 1982, Civ. No. 82-0001.
The doctrine of "separation of powers" does not permit the Legislature to enact a law by which the Judiciary appoints a person to under-take a purely executive branch func- tion, namely, the prosecution of criminal cases. People v. Camacho, 1 Guam Rep. 501.
Governor's Memorandum 33-52, authorizing inspection of persons entering Guam is not inconsis-tent with, but properly supplements customs law which refers only to the inspec-tion of a person's baggage. People v. Sugiyama, (C.A. Guam 1988) 846 F.2d 570.
§1422d. Inspector General: Functions; Duties.
(a) Functions, powers, duties transferred. The following functions, powers, and duties heretofore vested in the government comptroller for Guam are hereby transferred to the Inspec-tor General, Department of 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 admin-istrative 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 expendi-tures 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) shall extend to all activities of the govern-ment 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 amend-ed.
(c) Transfer of Office of Comptroller Gener-al's Office, etc. In order to carry out the provisions of this section, the personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropria-tions, author-izations, allocations, and other funds em-ployed, held, used, arising from, available or to be made avail-able, of the office of the government comp-troller for Guam related to its audit function are hereby transferred to the Office of Inspector General, Department of the Interior.
SOURCE: Added by Public Law 90-497, (Elective Governor Act), §5, 82 Stat. 845 Sept. 11, 1968; amend-ed by Public Law 95-134, Title II, §203(a), Oct. 15, 1977, 91 Stat. 1161. Repealed and re-enacted in its present form by Public Law 97-357, §104 (Omni-bus Territories Act - 10/19/82), 96 Stat. 1706. Codi-fied as 48 U.S.C. §1422d.



SUBCHAPTER 3
THE LEGISLATURE

§1423. Legislature of Guam.
(a) Unicameral nature; Powers. The legisla-tive power and authority of Guam shall be vested in a legisla-ture, consisting of a single house, to be designated the "Legis-lature of Guam", herein referred to as the legisla-ture.
(b) Size; Election At-large or by Districts; Limita-tions. 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 dis-tricting and any appor-tion-ment pursuant to this autho-rization 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 elect- ed, and every elector residing in a legislative district shall be permitted to vote for the whole number of candi-dates to be elected within that district.
(c) Reapportionment; Federal Census Base. Any district-ing and related apportionment pursu-ant to this section shall be based upon the then most recent Feder-al popula-tion census of Guam, and any such districting and apportionment shall be reexamined following each succes-sive Federal population census of Guam and shall be modified, if neces-sary, to be consistent with that census.
(d) Timing of Biennial Elections. General elec-tions to the legislature shall be held on the Tuesday next after the first Monday in Novem-ber, biennially in even-num-bered years. The legislature in all respects shall be organized and shall sit according to the laws of Guam.
SOURCE: §10 of Act of Aug. 1, 1950 (Or-ganic Act); amended by Public Law 89-552, §1, Sept. 2, 1966, 80 Stat. 375. Codified as 48 U.S.C. §1423. The dist-ricting of the Guam Legisla-ture has been im-ple-mented by Guam P.L. 13-152, but later nullified by court ac- tion and not revived.
P.L. 98-213, §29(b), Act of Dec. 8, 1983, 97 Stat. 1459, §1460, amended Subsection (c) by deleting the first clause of the former section which limited the power of the Guam Legislature to make changes in the manner of selection no more often than every ten years.
COURT DECISIONS:
While the Legislature had not violated the Organic Act (§10) by failing to reapportion because final population data was unavailable, nevertheless the existing apportionment scheme violated this Section (§10) because the preliminary data did indi- cate that the popula-tion had shifted from its original pattern. Ramsey v. Guam Election Commission, (D.C.Guam 1982) Civ. #82-0185. 2 Guam R. ____.
Delegation by Legislature to Governor of the power to amend statutory schedules under the Controlled Substances Act does not violate section vesting legislative power in the Legis-lature. People v. Fegurgur, C.A.9 (Guam) 1986, 800 F.2d 1470, cert. den. 107 S.Ct. 1570, 94 L.Ed.2s 762.
§1423a. Scope of Legislative Authority: Bond-ing: Guam Power Authority Refinancing. The legislative power of Guam shall extend to all subjects of legislation of local application not inconsistent with the provi- sions of this chapter and the laws of the United States applicable to Guam. Taxes and assessments on property, internal reve-nues, sales, license fees, and royalties for franchises, privileges, and conces-sions may be imposed for the purpos-es of the government of Guam as may be uniform-ly provid-ed by the Legislature of Guam, and when neces-sary 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 author- ized 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 subdi-vision thereof, or by the District of Columbia.@ The Secre-tary of the Interior (hereinafter in this section referred to as "Secretary") is authorized to guarantee for purchase by the Federal Fi-nancing 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 author-ized to purchase, receive or otherwise acquire these same. The interest rate on obligations pur-chased by the Federal Financing Bank shall be not less than a rate determined by the Secre-tary of the Treasury taking into consider-ation the current average market yield on outstanding marketable obligations of the United States of compara-ble maturities, adjusted to the nearest one-eighth of 1 per centum, plus 1 per centum per annum. The Secretary, with the concur-rence of the Secretary of the Treasury, may extend the guarantee provision of the previous sentence until Decem-ber 30, 1980. The Secre-tary, upon determining that the Guam Power Authority is unable to refinance on reason-able terms the obligations purchased by the Federal Financ-ing Bank under the fifth sentence of this section by Decem-ber 31, 1980, may, with the concurrence of the Secretary of the Treasury, guarantee for purchase by the Federal Financ-ing Bank; and such bank is authorized to purchase, obliga-tions of the Guam Power Authority issued to refinance the principal amount of the obliga-tions guaranteed under the fifth sentence of this section. The obligations that refinance such princi-pal amount shall mature not later than Decem-ber 31, 1990, and shall bear interest at a rate determined in accor-dance 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 pursu-ant to the law of Guam, and conditioned on the establishment of an indepen-dent rate-making authority by the Government of Guam, the Secretary may guaran-tee 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 install-ments of principal and interest;
(b) maturity of obligations no later than Decem-ber 31, 2004;
(c) authority for the secretary, should there be a violation of a provision of this legislation, or cove-nants or stipulations contained in the refinancing document and after giving sixty days notice of such viola-tion 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 Secre-tary, 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 princi-pal amount scheduled to mature on December 31, 1990. Should such second refinanc-ing 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 estab-lish rates sufficient to satisfy all finan-cial obligations and future capital investment needs of the Guam Power Authority that shall be consistent with generally accept-ed rate- making practices of pub-lic utilities, and (2) the Government of Guam shall not modi-fy the require- ments of such refinanc-ing agreement without agree-ment of the Secre- tary. There are authorized to be appropriat-ed to the Secretary of the Interior for pay-ment to the Federal Financing Bank such sums as are necessary to pay (1) the repur-chase payment required under the fifth para-graph of the December 31, 1980, note from the Guam Power Authority to the Federal Financing Bank and any subsequent repur- chase payments required under the second refinanc-ing 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 be otherwise be deter-mined in accordance with the above cited section 2285 of Title 12. Should the Guam Power Authority fail to pay in full any install-ment of interest or principal when due on the bonds or other obligations guaran-teed under this section, the Secretary of the Treasury, upon notice from the Secre-tary shall deduct and pay to the Federal Fi-nanc-ing Bank or the Secretary, according to their respective interests, such unpaid amounts from sums collected and payable pursuant to section 1421h of this chapter. 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 with- held payments against any claim the United States may have against the government of Guam or the Guam Power Authority pursuant to this guaran-tee. For the purpose of this chapter, under §3713(a) of Title 31 the term 'person' includes the government of Guam and the Guam Power Authority. The Secretary may place such stipula-tions as he deems appropriate on the bonds or other obligations he guarantees.
SOURCE: §11 of Act of Aug. 1, 1950 (Organ-ic Act); amended by Public Law 94-395, §1, Sept. 3, 1976, 90 Stat. 1199; amended by Public Law 96-205, §303, March 12, 1980. The 1980 amendment changes all after "December 31, 1980" to enable the Secretary to extend the GPA loan guaran-tee. Amended further by §203 of the Act of Oct. 5, 1984, Pub.L. 98-454, to provide for a second refinanc-ing by the Federal Financing Bank. Codified as 48 U.S.C. §1423a.
CROSS-REFERENCE: Guam's ability to issue tax-free bonds has been circumscribed by the Tax Reform Act of 1986.
COURT DECISIONS:
Guam's rebate and abatement tax provi-sions [GEDA law] designed to encourage business and industry by providing various tax assistance favoring qualifying corpora- tions did not violate provisions of this section requiring that taxes be uniformly appli- cable. Ramsey v Chaco, [1977 CA9] 549 F.2d 1335.
Law of Guam imposing a gross tax upon persons engaged in the business of selling tangible personal property, including that sold in foreign commerce, was invalid as posing a burden on foreign commerce and was also discriminatory. Ambrose, Inc. v. Mad-dox, [DC Guam] 203 F. Supp. 934.
Issuance of revenue bonds by Guam Tele-phone Authority with contingent backing by the govern-ment of Guam has contemplated in P.L. 13-110 would constitute "public indebt-edness" within the meaning of this Section. Guam Telephone Authority v. Rivera, [1976 DC Guam] 416 F. Supp. 283.
"It seems reasonable to assume that if the Governor has authority to execute federal laws applicable in Guam, then execution of such laws becomes a 'subject of local applica-tion' which the Guam Legislature is empowered under the Organic Act to legislate in such matters to assist the Gover---nor in the enforce-ment of his duties." People v. Salas, (Su-per.Guam 1982) Cr. #47F-82.
"The appointment of private counsel to institute and prosecute actions for and in the name of the Government of Guam cannot be construed as a legislative or judicial function. It is clearly an executive function." There-fore, P.L. 16-53:10 is invalid as it attempts to authorize the Legislature to hire counsel to prosecute actions on behalf of the Government of Guam. Government of Guam v. U.S.A., (D.C.Guam 1982) Civ. #82-0001.
The Legislature's power to legislate is prescribed and limited by this chapter, by other acts of Con-gress, and by provisions of the U.S. Constitu-tion. U.S. v. Borja, D.C.Guam 1961, 191 F.Supp. 563.
The Legislature may pass appropriations with retroactive effect, and, in the interim, emergency payments may be provided. 13th Guam legislature v. Bordallo, 430 F.Supp. 405, aff'd 588 F.2d 265.
The Commerce Clause of the U.S. Consti-tution has not been extended to Guam. Sakamoto v. Duty Free Shoppers, Ltd., D.C.Guam 1983, 613 F.Supp. 381, aff'd. 764 F.2d 1285, cert. den. 106 S.Ct. 1457, 89 L.Ed.2d 715.
The Legislature has power to prescribe local customs law and enforcement for territo-ry of Guam. People v. Sugiyama, (C.A. Guam 1988) 846 F.2d 570.
The test for whether a territorial law is preempt-ed by a federal law is the same as the test for pre-emption by federal law of a state law under the Supremacy Clause of the U.S. Constitution. Guam Fresh, Inc. v. Governor of Guam, (C.A. Guam 1988) 849 F.2d 436.
§1423b. Selection and Qualification of Mem-bers; Officers; Rules; Quorum. The legislature shall be the judge of the selection and qualifica-tion of its own mem-bers. It shall choose from its members its own officers, determines its rules and procedure, not inconsistent with this chap-ter, and keep a journal. The quorum of the legislature shall consist of eleven 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 affirma-tive vote of a majori- ty of the members present and voting, which vote shall be by yeas and nays.
SOURCE: §12 of Act of Aug. 1, 1950 (Organic Act); amend-ed by Public Law 90-497, §6(b), Sept. 11, 1968, 82 Stat. 846. (Elective Governor Act). Codified as 48 U.S.C. §1423b
§1423c. Privileges of Members. (a) The members of the legislature shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during their atten-dance 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: §13 of Act of Aug. 1, 1950 (Organic Act). Codi-fied as 48 U.S.C. §1423c.
COURT DECISIONS:
The "speech and debate" clause (subsec-tion (b) of Organic Act §13) protects a senator from a deposition in which the infor-mation sought is that which was "acquired" by the senator in the course of her official duties; therefore, a writ of mandate will issue forbid-ding the deposition of the senator to be taken. Wilkinson, et al. v. O'Neil, (D.C.Guam App. Div. 1983) Civ. App. #81-0100A. 2 Guam R. ____.

§1423d. Oaths of Office. Every member of the legisla-ture and all officers of the government of Guam shall take the following oath or affirmation:
"I solemnly swear (or affirm) in the pres-ence 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 impartial-ly discharge my duties as a member of the Guam Legisla-ture (or as an officer of the govern-ment of Guam)."
SOURCE: §14 of Act of Aug. 1, 1950 (Organic Act). Codi-fied as 48 U.S.C. §1423d.
§1423e. Prohibition against accepting certain appoint-ments and salary increases. No member of the legisla-ture shall, during the term for which he was elected or during the year follow-ing the expiration of such term, be appoint-ed to any office which has been created, or the salary or emolu-ments of which have been in-creased during such term.
SOURCE: §15 of Act of Aug. 1, 1950 (Organ-ic Act). Codified as 48 U.S.C. §1423e.
§1423f. Qualifications of Legislators. No person shall sit in the legislature who is not a citizen of the United States, who has not at-tained 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 turpi-tude and has not received a pardon restoring his civil rights.
SOURCE: §16 of Act of Aug. 1, 1950 (Organic Act). Codified as 48 U.S.C. §1423f.
§1423g. Vacancies. Vacancies occurring in the legisla-ture 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 prede-cessor was elected.
SOURCE: §17 of Act of Aug. 1, 1950 (Organic Act). Codified as 48 U.S.C. §1423g.
§1423h. Regular and Special Sessions. Regular sessions of the legislature shall be held annually, com-mencing 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 legisla-tion shall be consid-ered 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: §18 of Act of Aug. 1, 1950 (Organic Act); amended by Public Law 90-497, §6(a), Sept. 11, 1968, 82 Stat. 846 (Elective Governor Act). Codified as 48 U.S.C. §1423h. This amended section is implement-ed by Guam P.L. 13-152:3.
§1423i. Approval of Bills. Every bill passed by the legislature shall, before it becomes a law, be entered upon the journal and presented to the Governor. If he ap-proves 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 objec-tions, the legislature shall enter his objections at large on its journal and, upon motion of a mem-ber 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 appropri-ation 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 of agency designated by the President under section 1421a of this chapter. The Congress of the United States reserves the power and authority to annul the same.
SOURCE: §19 of Act of Aug. 1, 1950 (Organic Act); amended by P.L. 90-947, §8(b), Sept. 11, 1968, 82 Stat. 847 (Elective Governor Act); and Public Law 93-608, §1(14), Jan. 2, 1975, 88 Stat. 1969. Codified as 48 U.S.C. §1423i.
COURT DECISIONS:
Under this Section, the Legislature could over-ride items vetoed by the Governor in the same manner as it can override the Gover-nor's general veto. 13th Guam Legislature v. Bordallo, [1977 DC Guam] 430 F. Supp. 405. Affirmed, 588 F.2d 265.
Governor properly exercised his pocket veto by failing to sign a bill delivered to him during a legisla-tive recess where the Legisla-ture was in recess for a period longer than 10 days after it has presented the bill to him, and where the Legislature provided no officer of its own to receive communications from the Governor during this recess. Bordallo v Camacho, [1975 CA 9] 520 F.2d 763.
Duty of the Governor to report laws to the Secretary of Interior is a nondis- cretionary ministerial duty, the performance of which can be mandated by a court. Bordallo v Camacho, [1975 CA9] 520 F.2d 763.
Neither the Government of Guam nor the Guam Police Depart-ment were "persons" under the federal Civil Rights Act, 28 U.S.C.A. 1983. Ngiraingas v. Sanchez, et al., (C.A. Guam 1988) 858 F.2d 1368.
§1423j. Appropriations by the Legislature Autho-rized. (a) Appropriations, except as otherwise provided in this chapter, and except such appropriations as shall be made from time to time by the Congress of the United States, shall be made by the legislature.
(b) If at the termination of any fiscal year the legisla-ture shall have failed to pass appro-priation bills providing for payments of the necessary current expenses of the govern-ment and meeting its legal obligations for the ensuing fiscal year, then the several sums appropriat-ed in the last appropri- ation bills for the objects and purposes therein specified, so far as the same may be applicable, shall be deemed to be re-appropriated, item by item.
(c) All appropriations made prior to August 1, 1950 shall be available to the government of Guam.
SOURCE: §20 of Act of Aug. 1, 1950 (Organic Act). Codified as 48 U.S.C. §1423j.
§1423k. Right of Petition. The legislature or any person or group of persons in Guam shall have the unrestricted right of petition. It shall be the duty of all officers of the govern-ment to receive and without delay to act upon or for-ward, as the case may require, any such petition.
SOURCE: §21 of Act of Aug. 1, 1950 (Organic Act). Codified as 48 U.S.C. §1423k.
COURT DECISIONS:
The vote on the Draft Commonwealth Bill, held in August 1987, is permitted as a peti-tion of the people of Guam under this section. Shapiro v. Guerrero v. Guam National Party, Intervenor, Superi-or Ct. Order of Aug. 5, 1987; appeal dismissed as moot, D.C.Guam App.Div. Civ. No. 87-52A, June 7 ,1988.
§1423l. Purchases through GSA. The Terri-torial and local govern-ments of Guam are author-ized to make purchases through the General Services Administra-tion.
SOURCE: Contained in annual appropriations to the Department of the Interior, or in Omnibus Territories' Acts, and repeated therein annually. Dec. 22, 1987, Pub.L. 100-202, 101(g) [Title 1], 101 Stat. 1329-231. Latest repetition in Pub.L. 102-154, Title I, 105 Stat. 1007 and in FY 1992 appropriation act covering the Department of the Interior. Codified as 48 U.S.C.A. §1423l.



SUBCHAPTER 4
THE JUDICIARY

§1424. Courts of Guam; Jurisdiction; Procedure.
(a) District Court of Guam; local courts. The judicial authority of Guam shall be vested in a court of record established by Congress, desig- nated the "District Court of Guam", and such local court or courts as may have been or shall hereafter be established by the laws of Guam in confor- mity with section 1424-1 of this Title.
(b) Jurisdiction. The District Court of Guam shall have the jurisdiction of a district court of the United States, including, but not limited to, the diversity juris-diction provided for in 1332 of title 28, United States Code, and that of a bankruptcy court of the United States.
(c) Original Local Jurisdiction. In addition to the jurisdic-tion described in subsection (b) of this section, the District Court of Guam shall have original jurisdiction in all other causes in Guam, jurisdiction over which is not then1 vested by the legislature in another court or courts estab-lished by it. In causes brought in the district court solely on the basis of this subsection, the district court shall be considered a court established by the laws of Guam for the purpose of determining the requirements of indictment by grand jury or trial by jury.
SOURCE: §22 of Act of Aug. 1, 1950 (Organic Act); amended by Act of Aug. 27, 1954, c. 1017, §1, 68 Stat. 882; Act of June 4, 1958, Public Law 84-444, §1,§ 2, 72 Stat. 178; Act of 11/06/78, Sec. 335 (Bank-ruptcy Reform Act) P.L. 95-598, 92 Stat. 2594. Repealed and reenacted by §801 of the Act of October 5, 1984, Pub.L. 98-454. Codified as 48 U.S.C. 1424.
GUAM COMPILER_S COMMENT: The 1984 amendments are two -- reference to creation of local courts and their jurisdiction in §1424-1, which was also added as part of the same amend-ments and 1the addition of the word "then" to refer to the situation at the time the question at issue arises, not the jurisdiction in place at the time of the amendment to this Act, or at some previous time with the Legisla-ture had removed all local jurisdiction from the District Court. The Appel-late Division had ruled that, once the Legisla-ture turned over all local jurisdic-tion to the local courts, it could not thereafter add any local jurisdiction to the District Court. This amendment cured such opinion by making the determination as to whether the District Court had the local jurisdiction at the time the question arose, not when the Legisla-ture transferred all local jurisdic-tion to local courts (in 1974).
COURT DECISIONS:
See Notes of Decisions following §1424 in Title 48, U.S.C.A.
The District Court of Guam has jurisdic-tion, by reason of Government Code §19700, to redetermine deficiencies assessed under the income tax laws of the territory of Guam. Forbes v Maddox, [CA 9] 339 F.2d. 387, reversing 212 F. Supp. 662.
Removal by non-resident from the Guam Island Court to the District Court of Guam is a corollary to the existence of diversity jurisdiction in the Guam District Court. Jones & Guerrero, Company v Sealift Pacific, [1977, CA 9] 554 F.2d 984. [Re-versed by Chase Man-hattan Bank [Na-tional Asso-cia-tion] v South Acres Devel-op-ment Com-pany, (1978 US) 98 S.Ct. 544.] Result of this latter case over-turned as to later cases, through amend-ment to §1424(b) of this chapter.
The District Court of Guam does not possess diversity jurisdic-tion as Congress has not granted such jurisdiction to the District Court in this Section. This section grants federal question jurisdiction to the District Court, but does not grant diversity jurisdic- tion since the cause of action in diversity cases arises under the laws of the state wherein the action originated, rather than under the laws of the United States through the diver- sity stat-ute of 28 USC 1332. Chase Man-hattan Bank [Na-tional Asso-cia-tion] v South Acres Devel-opment Company, [1978 US] 98 S.Ct. 544.
Since the Court Reorganization Act of 1974 (Guam P.L. 12-85) removed all local, original jurisdic-tion from the District Court, it cannot later add additional, original, local jurisdic-tion to that court and, thus, 8 GCA §65.17, as amended by P.L. 15-94:2, which granted certain interlocutory review powers to the "Trial Division" of the District Court was invalid as contrary to Organic Act 22(a). Guam v. Quitugua, (1981 DC Guam App. Div.) D.C. Crim. App. #79-75A; aff'd CA9, 654 F.2d 731.
"The Guam Legislature has the power to deter-mine the appellate jurisdiction of the District Court. Therefore, review from decisions of §65.15(a)-(c) motions should only be by the method prescribed by the Guam Legislature." The Legislature withdrew from the District Court the jurisdiction to hear defendants' interlocutory reviews of §65.15 (a)-(c) motions and gave to the government only the right to appeal pre-trial motions suppressing evidence (P.L. 15-147). People v. District Court of Guam (James, Real Party in Interest), [1981 CA9] No. 80-7352, 641 F.2d 816.
When this section (§1424) was amended in 1958, the Court will not interpret the amend-ment increas-ing the civil jurisdiction of the District Court as stripping it of already existing criminal jurisdiction, especially since there is no stated intent to such a thing. Therefore, the District Court of Guam has jurisdiction to try federal criminal cases. U.S. v. Santos, (1980 CA9) 623 F.2d 75.
"The assertion of a constitutional right by way of a collateral attack upon a criminal conviction is no more the assertion of a cause 'arising under' the Constitution within the meaning of this provi-sion than would be the as-sertion of the same right in the course of a criminal proceeding before the Supe-rior Court of Guam." Pador v. Man-tanane, (CA9 1981) 653 F.2d 1277.
District Court had jurisdiction to review juvenile court's order certifying defendant to stand trial as an adult. People v. Kingsbury, (CA9 1981) 649 F.2d 740.
A declaratory judgment questioning the constitu-tionality of a local law arises `under_ that law, not 'under' the Constitution or laws of the United States; therefore, the Superior Court is the proper court in which to bring the action. North, Attorney General v. Election Commission, (Super.Guam 1981) Civ. #595-79. See also Avery v. 16th Guam Legis-lature and the Civil Service Commission, (D.C. Guam 1981) Order of Remand, Civ. #81-0069 & #81-0070; and Suruhanu v. Supe-rior Court, (D.C.Guam 1981) Civ. #81-0104.
District Court of Guam does have jurisdic-tion over transitory causes of action arising outside of Guam. Pederson v United States, [DC Guam] 191 F. Supp. 95.
Supreme Court of Guam could perform limited non-appellate function of hearing objection to author-ity of the special prosecu-tor appointed under the Independent Special Prosecutor Act of 1974 (Public Law 12-173). Sanchez v Supreme Court of Guam, [1975 DC Guam] 416 F.Supp. 1.
§1424-1. Local Courts; Appellate Court Autho-rized. (a) Composi-tion; establishment of local appel-late court. The local courts of Guam shall consist of such trial court or courts as may have been or may hereafter be established by the laws of Guam. On or after the effec-tive date of this Act [January 5, 1985], the legisla-ture of Guam may in its discretion establish an appellate court.
(b) Local Court Jurisdiction. The legislature may vest in the local courts jurisdiction over all causes in Guam over which any court established by the Constitu-tion and laws of the United States does not have exclu-sive jurisdiction. Such jurisdiction shall be subject to the exclu-sive or concur-rent jurisdiction conferred on the District Court of Guam by section 1424(b) of this title.
(c) Local practice & procedure; local judges. The practice and procedure in the local courts and the qualifi-cations and duties of the judges thereof shall be governed by the laws of Guam and the rules of those courts.
SOURCE: Added as §22A by 801 of Pub.L. 98-454. 10/5/84. Codified as 48 U.S.C.A. §1424-1.
§1424-2. Relations between U.S. courts and Guam courts: Ninth Circuit review: reports to Congress: rules. The rela-tions between the courts established by the Constitution or laws of the United States and the local courts of Guam with respect to appeals, certiorari, removal of causes, the issuance of writs of habeas corpus, and other matters or proceedings shall be gov-erned by the laws of the United States pertain-ing to the relations between the courts of the United States, including the Supreme Court of the United States, and the courts of the several States in such matters and proceedings: Provid-ed, That for the first fifteen years following the establish- ment of the appellate court autho-rized by §1424-1(a) of this title, the United States Court of Appeals for the Ninth Circuit shall have jurisdiction to review by writ of certiorari all final decisions of the highest court of Guam from which a decision could be had. The Judicial Council of the Ninth Circuit shall submit reports to the Committee on Energy and Natural Re-sources of the Senate and the Committee on Interior and Insular Affairs of the House of Represen-tatives at intervals of five years follow-ing the establish-ment of such appellate court as to whether it has devel-oped sufficient institu-tional traditions to justify direct review by the Supreme Court of the United States from all such final decisions. The United States Court of Appeals for the Ninth Circuit shall have jurisdic-tion to promulgate rules necessary to carry out the provisions of this subsection.1
SOURCE: §22B added by §801 of the Act of October 5, 1984. Codified as 48 U.S.C.A. §1424-2. 1 "Sub-sec-tion" is in original. Probably should be "section". [Note from U.S.C.A.]
COURT DECISIONS:
The test for determining whether decision of the Appellate Division is final for purposes of appeal is whether U.S. Supreme Court would case if it were a judgment from a state court. Kiaaina v. Jackson, (C.A.9 Guam 1988) 851 F.2d 287.
§1424-3. Appeals Before Local Appellate Court is Creat-ed. (a) Appellate Jurisdiction of District Court. Prior to the establishment of the appellate court autho-rized by §1424-1(a) of this title, the Dis-trict Court of Guam shall have such appellate jurisdiction over the local courts of Guam as the legislature may determine: Provid-ed, That the legislature may not preclude the review of any judgment or order which involves the Constitu- tion, treaties, or laws of the United States, including this chapter, or any authority exer-cised there-under by an officer or agency of the Government of the United States, or the confor-mity of any law enacted by the legislature of Guam or of any orders or regulations issued or actions taken by the executive branch of the govern-ment of Guam with the Constitution, treaties, or laws of the United States, including this chapter, or any authority exercised there- under by an officer or agency of the United States.
. (b) Appellate Division of the District Court; Judges; procedures; decisions. Appeals to the District Court of Guam shall be heard and deter-mined by an appellate division of the court consisting of three judges, of whom two shall constitute a quorum. The district judge shall be the presiding judge of the appellate division and shall preside therein unless disqualified or otherwise unable to act. The other judges who are to sit in the appellate division at any session shall be designat-ed by the presid-ing judge from among the judges who are serving on, or are assigned to the district court from time to time pursuant to §1424b of this title: Provided, That no more than one of them may be a judge of a court of record of Guam. The concurrence of two judges shall be necessary to any decision of the appellate division of the district court on the merits of an appeal, but the presid-ing judge alone may make any appropriate orders with respect to an appeal prior to the hearing and determina-tion thereof on the merits and may dismiss an appeal for want of jurisdiction or failure to take or prosecute it in accor-dance with the applicable law or rules of procedure.
(c) U.S. Court of Appeals for the Ninth Circuit: jurisdic-tion; appeals; rules. The United States Court of Appeals for the Ninth Circuit shall have jurisdiction of appeals from all final decisions of the appellate division of the district court. The United States Court of Appeals for the Ninth Circuit shall have jurisdiction to promul-gate rules necessary to carry out the provisions of this subsection.
(d) Appeals to local appellate court; effect on District Court. Upon the establishment of the appellate court provid-ed for in §1424-1(a) of this title all appeals from the decisions of the local courts not previously taken must be taken to the appellate court. The establishment of the appel-late court shall not result in the loss of jurisdic-tion of the appellate division of the district court over any appeal then pending in it. The rulings of the appellate division of the district court on such appeals may be reviewed in the United States Court of Appeals for the Ninth Circuit and in the Supreme Court notwith-standing the establishment of the appellate court.
SOURCE: §22C added by §801 of the Act of October 5, 1984, HR5561. Codified as 48 U.S.C.A. §1424-3.
NOTE: Section 1003, codified as 49 U.S.C.A. §1493, of the Act of October 5, 1984, P.L. 98-454, added the following re-garding the jurisdiction of the U.S. District Court for the 9th Circuit:


§1493. Criminal Appeals by local govern-ments. The prosecu-tion in a territory or Commonwealth is authorized -- unless pre-cluded by local law -- to seek review or other suitable relief in the appropriate local or Federal appellate court, or where applicable, in the Supreme Court of the United States from:
(a) a decision, judgment, or order of a trial court dismiss-ing an indict- ment or infor-mation as to any one or more counts, except that no review shall lie where the constitu-tional prohibi-tion against double jeopardy would further prosecution;
(b) a decision or order of a trial court suppressing or excluding evidence or requir-ing the return of seized property in a crimi-nal proceeding, not made after the defendant has been put in jeopardy and before the verdict or finding on an indict-ment or infor-mation, if the prosecution certifies to the trial court that the appeal is not taken for the purposes of delay and that the evidence is a substantial proof of a fact material in the proceeding; and
(c) an adverse decision, judgment, or order of an appellate court."
Section 1005 of the Act of October 5, 1984, P.L. 98-454, provides, as effective dates for such Act:
"1005. Titles VII, VIII, IX and X [dealing with the judiciary] of this Act shall become effective on the nineti-eth day following their enactment."
COURT DECISIONS:
Panel of Appellate Division was required to consider manda-mus petition challenging as-signment of criminal cases by presiding judge of Superior Court. Presiding Judge of Appel-late Division could not unilaterally dispose of mandamus petition on the merits. Cruz v. Abbate, C.A.9 (Guam) 1977, 812 F.2d 571.
1. Deferential standard of review is not to be applied to the construc-tion of local law by the Appel-late Division of the District Court. Strict standard of review de novo review is applicable.
2. Courts of Guam may not rely upon unpub-lished decisions of the Ninth Circuit. People v. Yang, C.A.9 (Guam) 1988, up-on rehearing en banc, 850 F.2d 507. Prior deci-sion, same case, overruled, 800 F.2d 945.
Court of Appeals must affirm decisions of the Appellate Division on matters of local law, if they are based upon a tenable theory and are not manifestly erroneous. Hair v. Pangelinan, C.A.9 (Guam) 1987, 816 F.2d 1341.
Guam Legislature had no authority to divest the District Court of Guam of its appellate jurisdiction, which jurisdiction was created under this section [before the 1984 amendments]. The Legislature has no power to, in effect, divest the Ninth Circuit of its review of local cases through the District Court's Appellate Division. People v Olsen, [1977, US] 431 U.S. 195, 97 S.Ct. 1774.
"In reviewing a decision of a territorial court, we are required to give a high degree of deference to its determination of local law. Specifically, we may not overturn the decision of the District Court of Guam on a matter of local law, custom, or policy if the de-ci-sion if the decision is based upon a tenable theory and is not inescapably wrong or manifest error. (Citations omitted) If the decision is based upon a tenable theory, we may not reverse even if we disagree with the ruling or believe that the territorial court's conclu- sion is the least desir-able of several possible alternatives. (Citations omitted) Schenck v. Govt. of Guam, (1979 CA9) 609 F.2d 387.
Guam's authority to appeal from decisions of the Appellate Division of the District Court is determined by federal, not local law. Guam may not appeal a decision affirming the with-drawal of a guilty plea as such withdrawal is not a final decision under federal law. People v. Estrebor, (C.A.9 Guam 1988) 848 F.2d 1014. [See NOTE, above.]
Appellate Division could render a decision by quorum of two judges after the third judge had recused himself from the case. De Vera v. Blaz, (C.A.9 Guam 1988) 851 F.2d 294.
§1424-4. Applicability of Laws & Rules. Where appro-pri-ate, the provisions of Part II of title 18 and title 28, and notwithstanding the provision in rule 54(a) Federal Rules of Criminal Procedure relating to the prosecution of criminal offenses on Guam by information, the rules of practice and procedure heretofore or hereafter promulgated and made effective by the Congress or the Supreme Court of the United States pursuant to titles 11, 18 and 28, shall apply to the District Court of Guam and appeals therefrom except that the terms "Attorney for the govern-ment" and "United States attorney", as used in the Federal Rules of Criminal Proce-dure, shall, when applica-ble to cases arising under the laws of Guam, including the Guam Territorial income tax, mean the Attorney General of Guam or such other person or persons as may be authorized by the laws of Guam to act therein.
SOURCE: Portion added by §1 of the Act of Aug. 27, 1954 (68 Stat. 882). Reenacted by §801 of the Act of Oct. 5, 1984, Pub.L. 98-454. Clause relating to trial by jury being subject to laws of Guam repealed by §803 of Act of October 5, 1984, Pub.L. 98-454. Codi- fied as 48 U.S.C.A. §1424-4.
§1424a. Appeals from District Court. Re-pealed by Act of Oct. 30, 1951, c. 655, §56(e), 65 Stat. 729. For present provisions on appeals from the District Court of Guam, see 28 U.S.C. §41, §1252, §1292 and §1294. For-mer-ly codified as 48 U.S.C. §1424a.
§1424b. District Court Judge; U.S. Attorney; Mar-shal; Applicabil-ity of laws. (a) The President shall, by and with the advice and consent of the Senate, appoint a judge for the District Court of Guam who shall hold office for the term of ten years and until his succes-sor is chosen and qualified unless sooner removed by the President for cause. The judge shall receive a salary payable by the United States which shall be at the rate pre-scribed for judges of the United States district courts.
The Chief Judge of the Ninth Judicial Circuit of the United States may assign a judge of a local court of record or a judge of the High Court of the Trust Territory of the Pacific Islands or a circuit or district judge of the ninth circuit, or a recalled senior judge of the District Court of Guam or of the District Court for the Northern Mariana Islands, or the Chief Justice of the United States may assign any other United States circuit or district judge with the consent of the judge so assigned and of the chief judge of his circuit, to serve temporarily as a judge in the District Court of Guam whenev-er it is made to appear that such an assignment is necessary for the proper dispatch of the business of the court.
(b) The President shall appoint, by and with the advice and consent of the Senate, a United States attor-ney and United States marshal for Guam to whose offices the provi-sions of chapters 35 and 37 of Title 28, United States Code, respectively, shall apply.
SOURCE: §24 of Act of Aug. 1, 1950 (Organic Act); amended by Act of June 4, 1958, Public Law 85-444, §3, 72 Stat. 179; Amended by §802 of the Act of Octo-ber 5, 1984, P.L. 98-454. Section codified as 48 U.S.C. §1424b.
NOTE: Relative to the appointment and ser-vice of the district court judge, §1002 of the Act of Oct. 5, 1984 provides:
"1002. (a) Any judge or former judge who is receiving, or will upon attaining the age of sixty-five years be entitled to receive, payments pursuant to §373 of title 28, United States Code, may elect to become a senior judge of the court on which he served while on active duty.
(b) The chief judge of a judicial circuit may recall any such senior judge of the circuit, with the judge's consent, to perform in the District Court of Guam, the District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands such judicial duties and for such periods of time as the chief judge may specify.
(c) Any act or failure to act by a senior judge performing judicial duties pursuant to this section shall have the same force and effect as if it were the act or failure to act of a judge on active duty, but such senior judge shall not be counted as a judge of the court on which he is serving for purposes of the number of judgeships authorized for that court.
(d) Any senior judge shall be paid, while performing duties pursuant to this section, the same compensation (in lieu of payments pursu-ant to 373 of title 28. United States Code, and the same al-low-ances for tra-vel and other expenses as a judge in ac-tive service.
(e) Senior judges under subsection (a) of this section shall at all times be governed by the Code of Judicial Conduct for the United States judges, approved by the Judicial Conference of the United States.
(f) Any person who has elected to be a senior judge under subsection (a) of this section and who thereafter --
(1) accepts civil office or employment under the Govern-ment of the United States other than the perfor-mance of judicial duties pursuant to subsection (b) of this section;
(2) engages in the practice of law; or
(3) materially violated the code of judi-cial conduct for the United States judges, shall cease to be a senior judge and to be eligible for recall pursu-ant to subsection (b) of this section."
§1424c. Review of Land Claims.
(a) Jurisdiction. Notwithstanding any law or court decision to the contrary, the District Court of Guam is hereby granted authority and jurisdiction to review claims of persons, their heirs or legatees, from whom interests in land on Guam were acquired other than through judicial condem-nation proceedings, in which the issue of compensa-tion was adjudicated in a contested trial in the District Court of Guam, by the United States between July 21, 1944 and August 23, 1963, and to award fair compensation in those cases where it is determined that less than fair market value was paid as a result of (1) duress, unfair influence or other unconscio- nable actions, or (2) unfair, unjust, and inequitable actions of the United States.
(b) Acquisitions affected through condemna-tion proceed-ings. Land acquisitions effected through judicial condemna-tion proceedings in which the issue of compen-sation was adjudicated in a contested trial in the District Court of Guam, shall remain res judicata and shall not be subject to review hereunder.
(c) Fair compensation. Fair compensation for purpos-es of this Act [Act of Oct. 15, 1977, Public Law 95-134, 91 Stat. 1159] is defined as such additional amounts as are neces-sary to effect payment of fair market value at the time of acquisi-tion, if it is determined that, as a result of duress, unfair influence, or other unconscionable actions, fair market value was not paid.
(d) Special masters or judges. The District Court of Guam may employ and utilize the ser-vices of such special masters or judges as are necessary to carry out the intent and purposes hereof.
(e) Awards. Awards made hereunder shall be judg-ments against the United States.
(f) Limitation on Attorney's fees: violation; penalty. Attorney's fees paid by claimants to counsel representing them may not exceed 5 per centum of any additional award. Any agreement to the contrary shall be unlawful and void. Whoever, in the United States or elsewhere, demands or receives any remuneration in excess of the maximum permitted by this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned not more than twelve months, or both. A reasonable attor-ney's fee may be awarded in appropriate cases.
(g) Availability of documents, records and writing. All agencies and departments of the United States Government shall, upon request, deliver to the court any documents, records, and writings which are pertinent to any claim under review.
SOURCE: Added by Act of Oct. 15, 1977, Pub.L. 95-134, Title II, §204, 91 Stat. 1162. Final sentence of subsec-tion (c), prohibiting the payment of interest on the awards, was delet-ed - thus per-mit-ting inter-est - by Pub.L. 96-205:301, Act of March 12, 1980. Codi- fied as 48 U.S.C. §1424c.
COURT DECISIONS:
Under this section (1424c) the District Court of Guam has discretion-ary authority to grant trial by jury on the issue of just compensation. Franquez v. United States, (1979 CA9) 604 F.2d 1239.
Where plaintiff's predecessors in title were notified of action, but never of trial date, nor of the fact that failure to appear would mean that the action would proceed without them; and they did not in fact appear and contest the action, then such notice does not constitute a "contested trial", and the plain-tiffs may proceed with their claim under this section (1424c). Limtiaco et al. v. U.S.A., (CA9 1982) 675 F.2d 1069.



SUBCHAPTER 5
PUBLIC HOUSING &
URBAN RENEWAL

§1425. Mortgage insurance on housing or property: conditions and limita-tions. [Omitted]
SOURCE: Part of the National Housing Act. Act July 14, 1952 made the overall Act applicable to Guam. See 48 U.S.C.A. §1425 for other amend-ments, both prior and subsequent to its applicability to Guam. Not part of the Organic Act. Omitted in 1992 U.S.C.A. Supplement to Title 48 with note to "see 12 U.S.C.A. §1715d, Banks and Banking."
1425a. Guam Legislature may create housing author-ities: appointment; membership. The Legisla-ture of Guam may by law grant to a public corporate authority, existing or to be created by or under such law, powers to under-take urban renewal and housing activi-ties in Guam. Such legislature may by law provide for the appointment, terms of office, or removal of the members of such authority and for the powers of such authority, including authority to accept whatever benefits the Federal Govern-ment may make available, and to do all things, to exercise any and all powers, and to assume and fulfill any and all obligations, duties, responsi- bilities, and requirements, including but not limited to those relating to planning or zoning, necessary or desirable for receiv-ing such Federal assistance, except that such authority shall not be given any power of taxa- tion, nor any power to pledge the faith and credit of the territory of Guam for any loan whatev-er.
SOURCE: Enacted by Pub.L. 88-171, §1, Nov. 4, 1963, 77 Stat. 304. Not part of the Organic Act.
§1425b. Issuance of notes, bonds, and obliga-tions. The Legislature of Guam may by law authorize such authori-ty, any provisions of the Organic Act of Guam [§§1421-1424c of this Chap-ter], or any other Act of Con-gress to the con-trary notwithstanding, to borrow money and to issue notes, bonds, and other obligations of such charac-ter and maturi-ty, with such security, and in such manner as the Legisla-ture may provide. Such notes, bonds, and other obliga-tions shall not be a debt of the United states or of Guam other than such authority, not consti-tute a debt, indebtedness, or the borrow-ing of money within the meaning of any limitation or restric-tion on the issuance of notes, bonds, or other obligations contained in any laws of the United States applicable to Guam or to any agency thereof.
SOURCE: Pub.L. 88-171, §2, Nov. 4, 1963, 77 Stat. 304. Not part of the Organic Act.
§1425c. Authorization of loans, conveyances, etc. The Legislature of Guam may by law assist such authori-ty by furnishing, or authorizing the furnishing of, cash dona-tions, loans, convey-ances of real and personal property, facilities, and services, and otherwise, and may by law take other action in aid of urban renewal or housing or related activities.
SOURCE: Pub.L. 88-171, §3, Nov. 4, 1963, 77 Stat. 304. Not part of the Organic Act.
§1425d. Ratification of prior act. Each and every part of Public Law 6-135, approved De-cember 18, 1962, heretofore enacted by the Legislature of Guam dealing with any part of the subject matter of sections 1425a to 1425e of this title and not inconsistent therewith is ratified and confirmed.
SOURCE: Pub.L. 88-171, §4, Nov. 4, 1963, 77 Stat. 304. Not part of the Organic Act.
§1424e. Additional powers. Powers granted herein shall be in addition to, and not in dero-gation of, any powers granted by other law to, or for the benefit or assistance of, any public corporate authority.
SOURCE: Pub.L. 88-171, §5, Nov. 4, 1963, 77 Stat. 304. Not a part of the Organic Act.


SUBCHAPTER 6
GUAM DEVELOPMENT FUND

§1428. Authorization of Appropriation. (a) For the purpose of promoting economic develop-ment in the territory of Guam, there is author- ized to be appropriated to the Secretary of the Interior to be paid to the Govern-ment of Guam for the purposes of this subchapter the sum of $5,000,000.
(b) In addition to the appropriations author-ized in subsection (a) of this section, $1,000,000 is authorized to be appropriated to the Secretary of the Interior to be paid to the Government of Guam annually for five fiscal years commenc-ing in fiscal year 1978 to carry out the purposes of this subchapter.
SOURCE: Pub.L. 90-601, §1, Oct. 17, 1968, 82 Stat. 1172; subsection (b) added by Pub.L. 95-134, Title II, §202, Oct. 15, 1977, 91 Stat. 1161.) None of this sub-chapter is a part of the Organic Act.
§1428a. Submission of plan: contents; terms of loans. Prior to receiving any funds pursuant to this subchapter the government of Guam shall submit to the Secretary of the Interior a plan for the use of such funds which meets the requirements of this section and is approved by the Secre- tary. The plan shall designate an agency or agen-cies of such government as the agency or agencies for the adminis-tration of the plan and shall set forth the policies and proce-dures to be followed in furthering the economic development of Guam through a program which shall include and make provision for loans and loan guarantees to promote the development o