dreamproit/uscode huggingface dataset:
48 U.S.C. § 1421a (TERRITORIES AND INSULAR POSSESSIONS)
§ 1421a. Unincorporated territory; capital; powers of government; suits against government; type of government; supervision
Guam is declared to be an unincorporated territory of the United States and the capital and seat of government thereof shall be located at the city of Agana, Guam. The government of Guam shall have the powers set forth in this chapter, shall have power to sue by such name, and, with the consent of the legislature evidenced by enacted law, may be sued upon any contract entered into with respect to, or any tort committed incident to, the exercise by the government of Guam of any of its lawful powers. The government of Guam shall consist of three branches, executive, legislative, and judicial, and its relations with the Federal Government in all matters not the program responsibility of another Federal department or agency, shall be under the general administrative supervision of the Secretary of the Interior.
(Aug. 1, 1950, ch. 512, § 3, 64 Stat. 384; Pub. L. 86–316, Sept. 21, 1959, 73 Stat. 588; Pub. L. 90–497, § 12(a), Sept. 11, 1968, 82 Stat. 847.)
heading: Editorial Notes
heading: Amendments
text: 1968—Pub. L. 90–497 substituted provisions that all matters concerning Guam which are not the program responsibility of other Federal departments or agencies be under the general administrative supervision of the Secretary of the Interior for provisions that the general administrative supervision of matters concerning Guam be under the head of such civilian department or agency of the Government of the United States as the President might direct.
1959—Pub. L. 86–316 permitted government of Guam, with consent of legislature, to be sued.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1968 Amendment
text: 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. § 1421c (TERRITORIES AND INSULAR POSSESSIONS)
§ 1421c. Certain laws continued in force; modification or repeal of laws
(a) The laws of Guam in force on August 1, 1950, except as amended by this chapter, are continued in force, subject to modification or repeal by the Congress of the United States or the Legislature of Guam, and all laws of Guam inconsistent with the provisions of this chapter are repealed to the extent of such inconsistency.
(b) Repealed. Pub. L. 90–497, § 7, Sept. 11, 1968, 82 Stat. 847.
(Aug. 1, 1950, ch. 512, § 25, 64 Stat. 390; Pub. L. 90–497, § 7, Sept. 11, 1968, 82 Stat. 847.)
heading: Editorial Notes
heading: Amendments
text: 1968—Subsec. (b). Pub. L. 90–497 repealed subsec. (b) which prohibited the application to Guam of laws of the United States not specifically made applicable to Guam and established a commission to determine which laws were applicable to Guam and which were not.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1968 Amendment
text: Pub. L. 90–497, § 7, Sept. 11, 1968, 82 Stat. 847, 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. § 1421d (TERRITORIES AND INSULAR POSSESSIONS)
§ 1421d. Salaries and allowances of officers and employees
The salaries and travel allowances of the Governor, Lieutenant Governor, the heads of the executive departments, other officers and employees of the government of Guam, and the members of the legislature, shall be paid by the government of Guam at rates prescribed by the laws of Guam.
(Aug. 1, 1950, ch. 512, § 26, 64 Stat. 391; Aug. 1, 1956, ch. 852, § 21, 70 Stat. 911; Pub. L. 89–100, July 30, 1965, 79 Stat. 424; Pub. L. 90–497, § 9, Sept. 11, 1968, 82 Stat. 847.)
heading: Editorial Notes
heading: Amendments
text: 1968—Subsec. (c). Pub. L. 90–497, § 9(a), repealed subsec. (c) which provided for the payment of transportation expenses by the United States of all officers and employees of the government of Guam if their homes were outside Guam.
Pub. L. 90–497, § 9(b), removed subsection designations and substituted provisions that the government of Guam pay the salaries and travel expenses of the Governor, Lieutenant Governor, heads of executive departments, members of the legislature, and government officers and employees at rates prescribed by the laws of Guam for provisions setting the salary for the Governor and Secretary of Guam and allowing for the payment of transportation expenses and salaries of certain officers and employees by the United States.
1965—Subsec. (e). Pub. L. 89–100 substituted provisions empowering the government of Guam to fix and pay legislative salaries and expenses for provisions which specifically fixed a sum of $15 per day to be paid each member for every day the legislature is in session payable out of Congressional appropriations and which required all other expenses to be paid by the government of Guam.
1956—Subsec. (a). Act Aug. 1, 1956, substituted “the Governor of the Virgin Islands in the Executive Pay Act of 1949, as heretofore or hereafter amended,” for “Governors of Territories and possessions in the Executive Pay Act of 1949, but not to exceed $13,125,”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1968 Amendment
text: Pub. L. 90–497, § 9(a), Sept. 11, 1968, 82 Stat. 847, 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.
Pub. L. 90–497, § 9(b), Sept. 11, 1968, 82 Stat. 847, provided that the amendment made by that section is effective Jan. 4, 1971.
48 U.S.C. § 1421e (TERRITORIES AND INSULAR POSSESSIONS)
§ 1421e. Duty on articles
All articles coming into the United States from Guam shall be subject to or exempt from duty as provided for in section 1301a 1 of title 19.
(Aug. 1, 1950, ch. 512, § 27, 64 Stat. 392; Sept. 1, 1954, ch. 1213, title IV, § 402(b), 68 Stat. 1140.)
heading: Editorial Notes
heading: References in Text
text: Section 1301a of title 19, referred to in text, was repealed by Pub. L. 87–456, title III, § 301(a), May 24, 1962, 76 Stat. 75. See General Headnote 3(a) under section 1202 of Title 19, Customs Duties.
heading: Amendments
text: 1954—Act Sept. 1, 1954, subjected Guam to the general provision for importations from insular possessions contained in section 1301a of title 19.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1954 Amendment
text: Act Sept. 1, 1954, ch. 1213, title VI, § 601, 68 Stat. 1141, provided that: “Titles II, III, IV, and VI of this Act [enacting section 1301a of Title 19, Customs Duties, amending sections 1421e and 1644 of this title and sections 160, 161, 1001, and 1201 of Title 19] shall be effective on and after the thirtieth day following the date of the enactment of this Act [Sept. 1, 1954]”.
48 U.S.C. § 1421f–1 (TERRITORIES AND INSULAR POSSESSIONS)
§ 1421f–1. Acknowledgment of deeds
Deeds and other instruments affecting land situate in the District of Columbia or any Territory of the United States may be acknowledged in the islands of Guam and Samoa or in the Canal Zone before any notary public or judge appointed therein by proper authority, or by any officer therein who has ex officio the powers of a notary public: Provided, That the certificate by such notary in Guam, Samoa, or the Canal Zone, as the case may be, shall be accompanied by the certificate of the governor or acting governor of such place to the effect that the notary taking said acknowledgment was in fact the officer he purported to be; and any deeds or other instruments affecting lands so situate, so acknowledged since the first day of January, 1905, and accompanied by such certificate shall have the same effect as such deeds or other instruments hereafter so acknowledged and certified.
(June 28, 1906, ch. 3585, 34 Stat. 552.)
heading: Editorial Notes
heading: References in Text
text: For definition of Canal Zone, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Intercourse.
heading: Codification
text: Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
Section is also classified to section 1663 of this title.
Section was formerly classified to sections 1358 and 1432 of this title.
48 U.S.C. § 1421g (TERRITORIES AND INSULAR POSSESSIONS)
§ 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 hospitals, dispensaries, and quarantine stations, at such places in Guam as may be necessary, and he shall promulgate quarantine and sanitary regulations for the protection of Guam against the importation and spread of disease.
(b) Public educational system
The Government of Guam shall provide an adequate public educational system of Guam, and to that end shall establish, maintain, and operate public schools according to the laws of Guam.
(c) Office of Public Prosecutor; Office of Public Auditor
The Government of Guam may by law establish an Office of Public Prosecutor and an Office of Public Auditor. The Public Prosecutor and Public Auditor may be removed as provided by the laws of Guam.
(d) Attorney General
(1) The Attorney General of Guam shall be the Chief Legal Officer of the Government of Guam. At such time as the Office of the Attorney General of Guam shall next become vacant, the Attorney General of Guam shall be appointed by the Governor of Guam with the advice and consent of the legislature, and shall serve at the pleasure of the Governor of Guam.
(2) Instead of an appointed Attorney General, the legislature may, by law, provide for the election of the Attorney General of Guam by the qualified voters of Guam in general elections after 1998 in which the Governor of Guam is elected. The term of an elected Attorney General shall be 4 years. The Attorney General may be removed by the people of Guam according to the procedures specified in section 1422d of this title or may be removed for cause in accordance with procedures established by the legislature in law. A vacancy in the office of an elected Attorney General shall be filled—
(A) by appointment by the Governor of Guam if such vacancy occurs less than 6 months before a general election for the Office of Attorney General of Guam; or
(B) by a special election held no sooner than 3 months after such vacancy occurs and no later than 6 months before a general election for Attorney General of Guam, and by appointment by the Governor of Guam pending a special election under this subparagraph.
(Aug. 1, 1950, ch. 512, § 29, 64 Stat. 392; Pub. L. 99–396, §§ 5, 13, Aug. 27, 1986, 100 Stat. 839, 842; Pub. L. 105–291, § 2, Oct. 27, 1998, 112 Stat. 2785.)
heading: Editorial Notes
heading: Amendments
text: 1998—Subsec. (d). Pub. L. 105–291 added subsec. (d).
1986—Subsec. (b). Pub. L. 99–396, § 13(a)(1), substituted “according to the laws of Guam” for “at such places in Guam as may be necessary”.
Pub. L. 99–396, § 5, substituted “Government of Guam” for “Governor”.
Subsec. (c). Pub. L. 99–396, § 13(a)(2), added subsec. (c).
48 U.S.C. § 1421j (TERRITORIES AND INSULAR POSSESSIONS)
§ 1421j. Authorization of appropriations
There are authorized to be appropriated annually by the Congress of the United States such sums as may be necessary and appropriate to carry out the provisions and purposes of this chapter.
(Aug. 1, 1950, ch. 512, § 32, 64 Stat. 392.)
heading: Statutory Notes and Related Subsidiaries
heading: Elimination of General Fund Deficits of Guam and Virgin Islands
text: For authorization of appropriations for assistance to the governments of Guam and the Virgin Islands in elimination of general fund deficits, see Pub. L. 96–597, title VI, § 607, Dec. 24, 1980, 94 Stat. 3483, set out as a note under section 1641 of this title.
48 U.S.C. § 1421k (TERRITORIES AND INSULAR POSSESSIONS)
§ 1421k. Designation of naval or military reservations; closed port
Nothing contained in this chapter shall be construed as limiting the authority of the President to designate parts of Guam as naval or military reservations, nor to restrict his authority to treat Guam as a closed port with respect to the vessels and aircraft of foreign nations.
(Aug. 1, 1950, ch. 512, § 33, 64 Stat. 393.)
heading: Statutory Notes and Related Subsidiaries
heading: Submerged Lands, Conveyance to Territory
text: Conveyance of submerged lands to the government of Guam, see section 1701 et seq. of this title.
48 U.S.C. § 1421m (TERRITORIES AND INSULAR POSSESSIONS)
§ 1421m. Repealed. Pub. L. 91–513, title III, § 1101(a)(8), Oct. 27, 1970, 84 Stat. 1292
text: Section, act Aug. 1, 1956, ch. 852, § 15, 70 Stat. 910, prohibited production, manufacture, compounding, possession, sale, dispensation, administration, or transportation of marihuana in Guam. See section 801 et seq. of Title 21, Food and Drugs. Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 1105(a) of Pub. L. 91–513, set out as an Effective Date note under section 951 of Title 21, Food and Drugs.
heading: Savings Provision
text: Prosecutions for any violation of law occurring, and civil seizures or forfeitures and injunction proceedings commenced, prior to the effective date of repeal of this section by section 1101 of Pub. L. 91–513 not to be affected or abated by reason thereof, see section 1103 of Pub. L. 91–513, set out as a note under section 171 of Title 21, Food and Drugs.
48 U.S.C. § 1421n (TERRITORIES AND INSULAR POSSESSIONS)
§ 1421n. Applicability of Federal copyright laws
The laws of the United States relating to copyrights, and to the enforcement of rights arising thereunder, shall have the same force and effect in Guam as in the continental United States.
(Aug. 1, 1956, ch. 852, § 24, 70 Stat. 911.)
heading: Editorial Notes
heading: References in Text
text: The laws of the United States relating to copyrights, referred to in text, are classified generally to Title 17, Copyrights.
heading: Codification
text: Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
48 U.S.C. § 1421o (TERRITORIES AND INSULAR POSSESSIONS)
§ 1421o. Federal assistance for fire control, watershed protection, and reforestation
The Secretary of Agriculture is authorized to provide financial and technical assistance to Guam for improving fire control, watershed protection and reforestation, consistent with existing laws, administered by the Secretary of Agriculture, which are applicable to the continental United States. The program authorized by this section shall be developed in cooperation with the territorial government of Guam and shall be covered by a memorandum of understanding agreed to by the territorial government and the Department. The Secretary may also utilize the agencies, facilities, and employees of the Department, and may cooperate with other public agencies and with private organizations and individuals in Guam and elsewhere.
(Pub. L. 93–421, § 1, Sept. 19, 1974, 88 Stat. 1154.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
48 U.S.C. § 1421p (TERRITORIES AND INSULAR POSSESSIONS)
§ 1421p. Authorization of appropriations
There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of section 1421o of this title. Sums appropriated in pursuance of sections 1421o and 1421p of this title may be allocated to such agencies of the Department as are concerned with the administration of the program in Guam.
(Pub. L. 93–421, § 2, Sept. 19, 1974, 88 Stat. 1154.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
48 U.S.C. § 1421q (TERRITORIES AND INSULAR POSSESSIONS)
§ 1421q. Applicability of Federal laws
The laws of the United States which are made applicable to the Northern Mariana Islands by the provisions of section 502(a)(1) of H.J. Res. 549,1 as approved by the House of Representatives and the Senate, except for section 228 of title II [42 U.S.C. 428] and title XVI of the Social Security Act [42 U.S.C. 1381 et seq.] as it applies to the several States and the Micronesia Claims Act 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.
(Pub. L. 94–255, § 2, Apr. 1, 1976, 90 Stat. 300.)
heading: Editorial Notes
heading: References in Text
text: Section 502(a)(1) of H.J. Res. 549, referred to in text, probably means section 502(a)(1) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, which is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of this title.
The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XVI of the Social Security Act is classified generally to subchapter XVI (§ 1381 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
The Micronesia Claims Act, referred to in text, probably means the Micronesian Claims Act of 1971, Pub. L. 92–39, July 1, 1971, 85 Stat. 92, which was classified generally to section 2018 et seq. of the former Appendix to Title 50, War and National Defense, and which was omitted from the Code as terminated Aug. 3, 1976.
heading: Codification
text: Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
heading: Executive Documents
heading: Termination of Trust Territory of the Pacific Islands
text: For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title.
48 U.S.C. § 1422a (TERRITORIES AND INSULAR POSSESSIONS)
§ 1422a. Removal of Governor, Lieutenant Governor, or member of legislature; referendum election
(a) The people of Guam shall have the right of initiative and referendum, to be exercised under conditions and procedures specified in the laws of Guam.
(b) Any Governor, Lieutenant Governor, or member of the legislature of Guam may be removed from office by a referendum election in which at least two-thirds of the number of persons voting for such official in the last preceding general election at which such official was elected vote in favor of recall and in which those so voting constitute a majority of all those participating in such referendum election. The referendum election shall be initiated by the legislature of Guam following (a) a two-thirds vote of the members of the legislature in favor of a referendum, or (b) petition for such a referendum to the legislature by registered voters equal in number to at least 50 per centum of the whole number of votes cast at the last general election at which such official was elected preceding the filing of the petition.
(Aug. 1, 1950, ch. 512, § 7, 64 Stat. 387; Pub. L. 90–497, § 2, Sept. 11, 1968, 82 Stat. 844; Pub. L. 97–357, title I, § 101, Oct. 19, 1982, 96 Stat. 1705.)
heading: Editorial Notes
heading: Amendments
text: 1982—Subsec. (a). Pub. L. 97–357 added subsec. (a).
Subsec. (b). Pub. L. 97–357 redesignated existing provisions as subsec. (b) and inserted provisions relating to the removal of a Lieutenant Governor or member of the legislature of Guam.
1968—Pub. L. 90–497 substituted provisions for the removal of the Governor of Guam through a referendum election for provisions for the appointment, tenure, powers, and duties of the Secretary of Guam.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1968 Amendment
text: 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. § 1422c (TERRITORIES AND INSULAR POSSESSIONS)
§ 1422c. Executive agencies and instrumentalities
(a) Appointment of heads; establishment of merit system; Civil Service Commission
The Governor shall, except as otherwise provided in this chapter or the laws of Guam, appoint, by and with the advice and consent of the legislature, all heads of executive agencies and instrumentalities. The legislature shall establish a merit system and, as far as practicable, appointments and promotions shall be made in accordance with such merit system. The Government of Guam may by law establish a Civil Service Commission to administer the merit system. Members of the commission may be removed as provided by the laws of Guam.
(b) Powers and duties of officers
All officers shall have such powers and duties as may be conferred or imposed on them by law or by executive regulation of the Governor not inconsistent with any law.
(c) Reorganization
The Governor shall, from time to time, examine the organization of the executive branch of the government of Guam, and shall determine and carry out such changes therein as are necessary to promote effective management and to execute faithfully the purposes of this chapter and the laws of Guam.
(d) Continuation in office of incumbents
All persons holding office in Guam on August 1, 1950 may, except as otherwise provided in this chapter, continue to hold their respective offices until their successors are appointed and qualified.
(Aug. 1, 1950, ch. 512, § 9, 64 Stat. 387; Pub. L. 90–497, § 4, Sept. 11, 1968, 82 Stat. 845; Pub. L. 99–396, § 18(a), Aug. 27, 1986, 100 Stat. 843.)
heading: Editorial Notes
heading: Amendments
text: 1986—Subsec. (a). Pub. L. 99–396 inserted provisions authorizing establishment of Civil Service Commission and removal of commission members as provided by laws of Guam.
1968—Subsec. (a). Pub. L. 90–497, § 4(a), struck out requirement that, in making appointments, preference be given persons of Guamanian ancestry and that opportunities for higher education and use of service training facilities be provided to qualified persons of Guamanian ancestry.
Subsec. (b). Pub. L. 90–497, § 4(b), struck out provision authorizing the Governor to appoint or remove any officer whose appointment or removal is not otherwise provided for.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1968 Amendment
text: Pub. L 90–497, § 4(a), Sept. 11, 1968, 82 Stat. 845, provided that the amendment made by such section 4(a) is effective on date of enactment of Pub. L. 90–497, which was approved on Sept. 11, 1968.
Amendment by Pub. L. 90–497 necessary to authorize the holding of an election for Governor and Lieutenant Governor on Nov. 3, 1970, effective Jan. 1, 1970, and all other amendments unless otherwise provided effective Jan. 4, 1971, see section 13 of Pub. L. 90–497, set out as a note under section 1422 of this title.