dreamproit/uscode huggingface dataset:
48 U.S.C. § 1422d (TERRITORIES AND INSULAR POSSESSIONS)
§ 1422d. Transfer of functions from government comptroller for Guam to Inspector General, Department of the Interior
(a) Functions, powers, and duties transferred
The following functions, powers, and duties heretofore vested in the government comptroller for Guam are hereby transferred to the Inspector General, Department of the Interior, for the purpose of establishing an organization which will maintain a satisfactory level of independent audit oversight of the government of Guam:
(1) The authority to audit all accounts pertaining to the revenue and receipts of the government of Guam, and of funds derived from bond issues, and the authority to audit, in accordance with law and administrative regulations, all expenditures of funds and property pertaining to the government of Guam including those pertaining to trust funds held by the government of Guam.
(2) The authority to report to the Secretary of the Interior and the Governor of Guam all failures to collect amounts due the government, and expenditures of funds or uses of property which are irregular or not pursuant to law.
(b) Scope of authority transferred
The authority granted in paragraph (a) of this section shall extend to all activities of the government of Guam, and shall be in addition to the authority conferred upon the Inspector General by the Inspector General Act of 1978 (92 Stat. 1101), as amended.
(c) Transfer of personnel, assets, etc., of office of government comptroller for Guam to Office of Inspector General, Department of the Interior
In order to carry out the provisions of this section, the personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available, of the office of the government comptroller for Guam related to its audit function are hereby transferred to the Office of Inspector General, Department of the Interior.
(Aug. 1, 1950, ch. 512, § 9–A, as added Pub. L. 97–357, title I, § 104(b), Oct. 19, 1982, 96 Stat. 1706.)
heading: References in Text
text: The Inspector General Act of 1978, referred to in subsec. (b), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Prior Provisions
text: A prior section 1422d, act Aug. 1, 1950, ch. 512, § 9–A, as added Sept. 11, 1968, Pub. L. 90–497, § 5, 82 Stat. 845; amended Oct. 15, 1977, Pub. L. 95–134, title II, § 203(a), 91 Stat. 1161, related to the creation, auditing function, and reporting duty of the office of a government comptroller for Guam, prior to repeal by Pub. L. 97–357, § 104(b).
48 U.S.C. § 1423b (TERRITORIES AND INSULAR POSSESSIONS)
§ 1423b. Selection and qualification of members; officers; rules and regulations; quorum
The legislature shall be the judge of the selection and qualification of its own members. It shall choose from its members its own officers, determine its rules and procedure, not inconsistent with this chapter, and keep a journal. The quorum of the legislature shall consist of a simple majority of its members. No bill shall become a law unless it shall have been passed at a meeting, at which a quorum was present, by the affirmative vote of a majority of the members present and voting, which vote shall be by yeas and nays.
(Aug. 1, 1950, ch. 512, § 12, 64 Stat. 388; Pub. L. 90–497, § 6(b), Sept. 11, 1968, 82 Stat. 846; Pub. L. 105–291, § 3, Oct. 27, 1998, 112 Stat. 2785.)
heading: Amendments
text: 1998—Pub. L. 105–291 substituted “a simple majority” for “eleven”.
1968—Pub. L. 90–497 inserted a quorum requirement, provided that a quorum of the legislature consist of eleven of its members, and made presence of a quorum requisite to passage of a law.
heading: Effective Date of 1968 Amendment
text: Pub. L. 90–497, § 6(b), Sept. 11, 1968, 82 Stat. 846, provided that the amendment made by that section is effective on date of enactment of Pub. L. 90–497, which was approved Sept. 11, 1968.
48 U.S.C. § 1423c (TERRITORIES AND INSULAR POSSESSIONS)
§ 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 attendance at the legislature and in going to and returning from the same.
(b) No member of the legislature shall be held to answer before any tribunal other than the legislature itself for any speech or debate in the legislature.
(Aug. 1, 1950, ch. 512, § 13, 64 Stat. 388.)
48 U.S.C. § 1423d (TERRITORIES AND INSULAR POSSESSIONS)
§ 1423d. Oath of office
Every member of the legislature and all officers of the government of Guam shall take the following oath or affirmation:
“I solemnly swear (or affirm) in the presence of Almighty God that I will well and faithfully support the Constitution of the United States, the laws of the United States applicable to Guam and the laws of Guam, and that I will conscientiously and impartially discharge my duties as a member of the Guam Legislature (or as an officer of the government of Guam).”
(Aug. 1, 1950, ch. 512, § 14, 64 Stat. 388.)
48 U.S.C. § 1423e (TERRITORIES AND INSULAR POSSESSIONS)
§ 1423e. Prohibition against acceptance of salary increases or newly created offices
No member of the legislature shall, during the term for which he was elected or during the year following the expiration of such term, be appointed to any office which has been created, or the salary or emoluments of which have been increased during such term.
(Aug. 1, 1950, ch. 512, § 15, 64 Stat. 388.)
48 U.S.C. § 1423f (TERRITORIES AND INSULAR POSSESSIONS)
§ 1423f. Qualifications of members
No person shall sit in the legislature who is not a citizen of the United States, who has not attained the age of twenty-five years and who has not been domiciled in Guam for at least five years immediately preceding the sitting of the legislature in which he seeks to qualify as a member, or who has been convicted of a felony or of a crime involving moral turpitude and has not received a pardon restoring his civil rights.
(Aug. 1, 1950, ch. 512, § 16, 64 Stat. 388.)
48 U.S.C. § 1423g (TERRITORIES AND INSULAR POSSESSIONS)
§ 1423g. Vacancies
Vacancies occurring in the legislature shall be filled as the legislature shall provide, except that no person filling a vacancy shall hold office longer than for the remainder of the term for which his predecessor was elected.
(Aug. 1, 1950, ch. 512, § 17, 64 Stat. 388.)
48 U.S.C. § 1423h (TERRITORIES AND INSULAR POSSESSIONS)
§ 1423h. Regular and special sessions
Regular sessions of the legislature shall be held annually, commencing on the second Monday in January (unless the legislature shall by law fix a different date), and shall continue for such term as the legislature may provide. The Governor may call special sessions of the legislature at any time when, in his opinion, the public interest may require it. No legislation shall be considered at any special session other than that specified in the call therefor or in any special message by the Governor to the legislature while in such session. All sessions of the legislature shall be open to the public.
(Aug. 1, 1950, ch. 512, § 18, 64 Stat. 388; Pub. L. 90–497, § 6(a), Sept. 11, 1968, 82 Stat. 846.)
heading: Amendments
text: 1968—Pub. L. 90–497 removed 60-day limitation on the length of regular sessions and 14-day limitation on the length of special sessions of the legislature.
heading: Effective Date of 1968 Amendment
text: Pub. L. 90–497, § 6(a), Sept. 11, 1968, 82 Stat. 846, provided that the amendment made by that section is effective on date of enactment of Pub. L. 90–497, which was approved Sept. 11, 1968.
48 U.S.C. § 1423i (TERRITORIES AND INSULAR POSSESSIONS)
§ 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 approves it, he shall sign it, but if not he shall, except as hereinafter provided, return it, with his objections, to the legislature within ten days (Sundays excepted) after it shall have been presented to him. If he does not return it within such period, it shall be a law in like manner as if he had signed it, unless the legislature by adjournment prevents its return, in which case it shall be a law if signed by the Governor within thirty days after it shall have been presented to him; otherwise it shall not be a law. When a bill is returned by the Governor to the legislature with his objections, the legislature shall enter his objections at large on its journal and, upon motion of a member of the legislature, proceed to reconsider the bill. If, after such reconsideration, two-thirds of all the members of the legislature pass the bill, it shall be a law. If any bill presented to the Governor contains several items of appropriation of money, he may object to one or more of such items, or any part or parts, portion or portions thereof, while approving the other items, parts, or portions of the bill. In such a case he shall append to the bill at the time of signing it, a statement of the items, or parts or portions thereof, to which he objects, and the items, or parts or portions thereof, so objected to shall not take effect. All laws enacted by the legislature shall be reported by the Governor to the head of the department or agency designated by the President under section 1421a of this title. The Congress of the United States reserves the power and authority to annul the same.
(Aug. 1, 1950, ch. 512, § 19, 64 Stat. 389; Pub. L. 90–497, § 8, Sept. 11, 1968, 82 Stat. 847; Pub. L. 93–608, § 1(14), Jan. 2, 1975, 88 Stat. 1969.)
heading: Amendments
text: 1975—Pub. L. 93–608 struck out requirement that reports be transmitted to Congress by the Secretary concerned.
1968—Pub. L. 90–497, § 8(a), struck out President’s authority to veto territorial legislation referred by the Governor after such legislation had been passed by the legislature over the Governor’s veto.
Pub. L. 90–497, § 8(b), struck out provision that, if Congress did not annul laws passed by the legislature and reported to Congress within one year of the date of its receipt by Congress, such laws were deemed to have been approved by Congress.
heading: Effective Date of 1968 Amendment
text: Pub. L. 90–497, § 8(b), Sept. 11, 1968, 82 Stat. 847, provided that the amendment made by that section is effective on the date of enactment of Pub. L. 90–497, which was approved Sept. 11, 1968.
Amendment by Pub. L. 90–497 necessary to authorize the holding of an election for Governor and Lieutenant Governor on Nov. 3, 1970, effective Jan. 1, 1970, and all other amendments unless otherwise provided effective Jan. 4, 1971, see section 13 of Pub. L. 90–497, set out as a note under section 1422 of this title.
48 U.S.C. § 1423j (TERRITORIES AND INSULAR POSSESSIONS)
§ 1423j. Authorization of appropriations
(a) Appropriations, except as otherwise provided in this chapter, and except such appropriations as shall be made from time to time by the Congress of the United States, shall be made by the legislature.
(b) If at the termination of any fiscal year the legislature shall have failed to pass appropriation bills providing for payments of the necessary current expenses of the government and meeting its legal obligations for the ensuing fiscal year, then the several sums appropriated in the last appropriation bills for the objects and purposes therein specified, so far as the same may be applicable, shall be deemed to be reappropriated, item by item.
(c) All appropriations made prior to August 1, 1950 shall be available to the government of Guam.
(Aug. 1, 1950, ch. 512, § 20, 64 Stat. 389.)
48 U.S.C. § 1423k (TERRITORIES AND INSULAR POSSESSIONS)
§ 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 government to receive and without delay to act upon or forward, as the case may require, any such petition.
(Aug. 1, 1950, ch. 512, § 21, 64 Stat. 389.)
48 U.S.C. § 1423l (TERRITORIES AND INSULAR POSSESSIONS)
§ 1423l. Omitted
heading: Codification
text: Section, act Oct. 5, 1992, Pub. L. 102–381, title I, 106 Stat. 1392, which authorized Territorial and local governments of Guam to make purchases through General Services Administration, was from the Department of the Interior and Related Agencies Appropriations Act, 1992, and was not repeated in subsequent appropriation acts. See section 1469e of this title. Similar provisions were contained in the following prior appropriation acts:
Nov. 13, 1991, Pub. L. 102–154, title I, 105 Stat. 1007.
Nov. 5, 1990, Pub. L. 101–512, title I, 104 Stat. 1932.
Oct. 23, 1989, Pub. L. 101–121, title I, 103 Stat. 716.
Sept. 27, 1988, Pub. L. 100–446, title I, 102 Stat. 1797.
Dec. 22, 1987, Pub. L. 100–202, § 101(g) [title I], 101 Stat. 1329–213, 1329–231.
Oct. 18, 1986, Pub. L. 99–500, § 101(h) [title I], 100 Stat. 1783–242, 1783–258, and Oct. 30, 1986, Pub. L. 99–591, § 101(h) [title I], 100 Stat. 3341–242, 3341–258.
Dec. 19, 1985, Pub. L. 99–190, § 101(d) [title I], 99 Stat. 1224, 1238.
Oct. 12, 1984, Pub. L. 98–473, title I, § 101(c) [title I], 98 Stat. 1837, 1851.
Nov. 4, 1983, Pub. L. 98–146, title I, 97 Stat. 931.
Dec. 30, 1982, Pub. L. 97–394, title I, 96 Stat. 1979.
Dec. 23, 1981, Pub. L. 97–100, title I, 95 Stat. 1401.
Dec. 12, 1980, Pub. L. 96–514, title I, 94 Stat. 2969.
Nov. 27, 1979, Pub. L. 96–126, title I, 93 Stat. 965.
Oct. 17, 1978, Pub. L. 95–465, title I, 92 Stat. 1289.
July 26, 1977, Pub. L. 95–74, title I, 91 Stat. 295.
July 31, 1976, Pub. L. 94–373, title I, 90 Stat. 1052.
Dec. 23, 1975, Pub. L. 94–165, title I, 89 Stat. 987.
Aug. 31, 1974, Pub. L. 93–404, title I, 88 Stat. 812.
Oct. 4, 1973, Pub. L. 93–120, title I, 87 Stat. 433.
Aug. 10, 1972, Pub. L. 92–369, title I, 86 Stat. 512.
Aug. 10, 1971, Pub. L. 92–76, title I, 85 Stat. 233.
July 31, 1970, Pub. L. 91–361, title I, 84 Stat. 673.
Oct. 29, 1969, Pub. L. 91–98, title I, 83 Stat. 151.
July 26, 1968, Pub. L. 90–425, title I, 82 Stat. 430.
June 24, 1967, Pub. L. 90–28, title I, 81 Stat. 63.
May 31, 1966, Pub. L. 89–435, title I, 80 Stat. 174.
June 28, 1965, Pub. L. 89–52, title I, 79 Stat. 179.
July 7, 1964, Pub. L. 88–356, title I, 78 Stat. 278.
July 26, 1963, Pub. L. 88–79, title I, 77 Stat. 102.
Aug. 9, 1962, Pub. L. 87–578, title I, 76 Stat. 339.
Aug. 3, 1961, Pub. L. 87–122, title I, 75 Stat. 250.
May 13, 1960, Pub. L. 86–455, title I, 74 Stat. 112.
June 23, 1959, Pub. L. 86–60, title I, 73 Stat. 101.
June 4, 1958, Pub. L. 85–439, title I, 72 Stat. 163.
July 1, 1957, Pub. L. 85–77, title I, 71 Stat. 265.
June 13, 1956, ch. 380, title I, 70 Stat. 264.
June 16, 1955, ch. 147, title I, 69 Stat. 149.
July 1, 1954, ch. 446, title I, 68 Stat. 372.
July 31, 1953, ch. 298, title I, 67 Stat. 273.
July 9, 1952, ch. 597, title I, 66 Stat. 457.
Aug. 31, 1951, ch. 375, title I, 65 Stat. 263.
Sept. 6, 1950, ch. 896, Ch. VII, title I, 64 Stat. 694.
48 U.S.C. § 1424–2 (TERRITORIES AND INSULAR POSSESSIONS)
§ 1424–2. Relations between courts of United States and courts of Guam
The relations between the courts established by the Constitution or laws of the United States and the local courts of Guam with respect to appeals, certiorari, removal of causes, the issuance of writs of habeas corpus, and other matters or proceedings shall be governed by the laws of the United States pertaining to the relations between the courts of the United States, including the Supreme Court of the United States, and the courts of the several States in such matters and proceedings.
(Aug. 1, 1950, ch. 512, § 22B, as added Pub. L. 98–454, title VIII, § 801, Oct. 5, 1984, 98 Stat. 1742; amended Pub. L. 103–437, § 17(a)(1), Nov. 2, 1994, 108 Stat. 4595; Pub. L. 108–378, § 2, Oct. 30, 2004, 118 Stat. 2208.)
heading: Amendments
text: 2004—Pub. L. 108–378 struck out before period at end “: Provided, That for the first fifteen years following the establishment of the appellate court authorized by section 1424–1(a) of this title, the United States Court of Appeals for the Ninth Circuit shall have jurisdiction to review by writ of certiorari all final decisions of the highest court of Guam from which a decision could be had. The Judicial Council of the Ninth Circuit shall submit reports to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives at intervals of five years following the establishment of such appellate court as to whether it has developed sufficient institutional traditions to justify direct review by the Supreme Court of the United States from all such final decisions. The United States Court of Appeals for the Ninth Circuit shall have jurisdiction to promulgate rules necessary to carry out the provisions of this subsection”.
1994—Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”.
heading: Effective Date
text: Section effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98–454, set out as an Effective Date of 1984 Amendment note under section 1424 of this title.
48 U.S.C. § 1424–4 (TERRITORIES AND INSULAR POSSESSIONS)
§ 1424–4. Criminal offenses; procedure; definitions
Where appropriate, the provisions of part II of title 18 and of title 28, United States Code, and notwithstanding the provision in rule 54(a) Federal Rules of Criminal Procedure relating to the prosecution of criminal offenses on Guam by information, the rules of practice and procedure heretofore or hereafter promulgated and made effective by the Congress or the Supreme Court of the United States pursuant to titles 11, 18, and 28, United States Code, shall apply to the District Court of Guam and appeals therefrom; except that the terms, “Attorney for the government” and “United States attorney”, as used in the Federal Rules of Criminal Procedure, shall, when applicable to cases arising under the laws of Guam, including the Guam Territorial income tax, mean the Attorney General of Guam or such other person or persons as may be authorized by the laws of Guam to act therein.
(Aug. 1, 1950, ch. 512, § 22D, as added Pub. L. 98–454, title VIII, § 801, Oct. 5, 1984, 98 Stat. 1743.)
heading: References in Text
text: The Federal Rules of Criminal Procedure, referred to in text, are set out in the Appendix to Title 18, Crimes and Criminal Procedure.
heading: Effective Date
text: Section effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98–454, set out as an Effective Date of 1984 Amendment note under section 1424 of this title.
48 U.S.C. § 1424a (TERRITORIES AND INSULAR POSSESSIONS)
§ 1424a. Repealed. Oct. 31, 1951, ch. 655, § 56(e), 65 Stat. 729
text: Section, act Aug. 1, 1950, ch. 512, § 23, 64 Stat. 390, related to appeals from the District Court of Guam to the United States Court of Appeals for the Ninth Circuit, and to the United States Supreme Court. See sections 41, 1252, 1291, 1292, and 1294 of Title 28, Judiciary and Judicial Procedure.
heading: Savings Provision
text: Act Oct. 31, 1951, ch. 655, § 56(l), 65 Stat. 730, provided that the repeal by section 56 of act Oct. 31, 1951, shall not affect any rights or liabilities existing hereunder on the effective date of that repeal (Oct. 31, 1951).
48 U.S.C. § 1425 (TERRITORIES AND INSULAR POSSESSIONS)
§ 1425. Omitted
heading: Codification
text: Section, act June 27, 1934, ch. 847, § 214, as added Apr. 23, 1949, ch. 89, § 2(a), 63 Stat. 57, and amended, related to insurance of mortgages on property in Guam. See section 1715d of Title 12, Banks and Banking.
48 U.S.C. § 1425a (TERRITORIES AND INSULAR POSSESSIONS)
§ 1425a. Legislative authority to create authorities; appointment of members; powers of authorities
The Legislature of Guam may by law grant to a public corporate authority, existing or to be created by or under such law, powers to undertake urban renewal and housing activities in Guam. Such legislature may by law provide for the appointment, terms of office, or removal of the members of such authority and for the powers of such authority, including authority to accept whatever benefits the Federal Government may make available, and to do all things, to exercise any and all powers, and to assume and fulfill any and all obligations, duties, responsibilities, and requirements, including but not limited to those relating to planning or zoning, necessary or desirable for receiving such Federal assistance, except that such authority shall not be given any power of taxation, nor any power to pledge the faith and credit of the territory of Guam for any loan whatever.
(Pub. L. 88–171, § 1, Nov. 4, 1963, 77 Stat. 304.)
heading: Codification
text: Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
48 U.S.C. § 1425b (TERRITORIES AND INSULAR POSSESSIONS)
§ 1425b. Issuance of notes, bonds, and obligations
The Legislature of Guam may by law authorize such authority, any provision of the Organic Act of Guam [48 U.S.C. 1421 et seq.], or any other Act of Congress to the contrary notwithstanding, to borrow money and to issue notes, bonds, and other obligations of such character and maturity, with such security, and in such manner as the legislature may provide. Such notes, bonds, and other obligations shall not be a debt of the United States, or of Guam other than such authority, nor constitute a debt, indebtedness, or the borrowing of money within the meaning of any limitation or restriction on the issuance of notes, bonds, or other obligations contained in any laws of the United States applicable to Guam or to any agency thereof.
(Pub. L. 88–171, § 2, Nov. 4, 1963, 77 Stat. 304.)
heading: References in Text
text: The Organic Act of Guam, referred to in text, is act Aug. 1, 1950, ch. 512, 64 Stat. 384, as amended, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
heading: Codification
text: Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
48 U.S.C. § 1425c (TERRITORIES AND INSULAR POSSESSIONS)
§ 1425c. Authorization of loans, conveyances, etc.
The Legislature of Guam may by law assist such authority by furnishing, or authorizing the furnishing of, cash donations, loans, conveyances of real and personal property, facilities, and services, and otherwise, and may by law take other action in aid of urban renewal or housing or related activities.
(Pub. L. 88–171, § 3, Nov. 4, 1963, 77 Stat. 304.)
heading: Codification
text: Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
48 U.S.C. § 1425d (TERRITORIES AND INSULAR POSSESSIONS)
§ 1425d. Ratification of prior act
Each and every part of Public Law 6–135, approved December 18, 1962, heretofore enacted by the Legislature of Guam dealing with any part of the subject matter of sections 1425a to 1425e of this title and not inconsistent therewith is ratified and confirmed.
(Pub. L. 88–171, § 4, Nov. 4, 1963, 77 Stat. 304.)
heading: Codification
text: Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
48 U.S.C. § 1425e (TERRITORIES AND INSULAR POSSESSIONS)
§ 1425e. Additional powers
Powers granted herein shall be in addition to, and not in derogation of, any powers granted by other law to, or for the benefit or assistance of, any public corporate authority.
(Pub. L. 88–171, § 5, Nov. 4, 1963, 77 Stat. 304.)
heading: Codification
text: Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
48 U.S.C. § 1426 (TERRITORIES AND INSULAR POSSESSIONS)
§ 1426. Repealed. Aug. 2, 1954, ch. 649, title II, § 205, 68 Stat. 622
text: Section, acts Apr. 23, 1949, ch. 89, § 2(b), 63 Stat. 58; June 30, 1953, ch. 170, § 25(b), 67 Stat. 128, related to purchase of insured mortgage loans by the Federal National Mortgage Association, with respect to property in Guam. Section was not enacted as part of the Organic Act of Guam which comprises this chapter.