An Act to provide for the popular election of the Governor of Guam, and for other purposes
PL 90-497 (S.449), enacted 09/11/1968

842 
PUBLIC LAW 90-497-SEPT. 11, 1968 
[82 STAT. 
Interior Depart-
ment authority. 
Repeal. 
Effective date. 
Short title. 
SEC. 13. Section 2 of the Revised Organic Act of the Virgin Islands 
(68 Stat. 497; 48 U.S.C. 1541) is amended by adding at the end thereof 
the following new subsection (c) : 
" (c) The relations between such government and the Federal Gov-
ernment in all matters not the program responsibility of another Fed-
eral department or agency shall be under the general administrative 
supervision of the Secretary of the Interior." 
SEC. 14. Effective on the date of enactment of this Act, section 19 of 
the Revised Organic Act of the Virgin Islands (68 Stat. 505; 48 U.S.C. 
1632) is hereby repealed. 
SEC. 15. Effective on the date of enactment of this Act, section 8(b) 
(i) of the Revised Organic Act of the Virgin Islands (68 Stat. 497,500; 
48 U.S.C. 1574(b)), as amended, is further amended by (a) deleting 
the third and fourth sentences thereof, and (b) by deleting the eighth 
and ninth sentences thereof and substituting in lieu thereof the follow-
ing sentence: "The bonds so issued shall bear interest at a rate not to 
exceed that specified by the legislature, payable semiannually.". 
SEC. 16. Those provisions of this Act necessary to authorize the 
holding of an election for Governor and Lieutenant Governor on 
November 3, 1970, shall be effective on January 1, 1970. All other 
provisions of this Act, unless otherwise expressly provided herein, shall 
be effective January 4,1971. 
SEC. 17. This Act may be cited as the "Virgin Islands Elective 
Governor Act". 
Approved August 23, 1968. 
Public Law 90-497 
September 11, 1968 
AN A C T 
^^' '^^^^ 
To provide for the popular election of the Governor of Guam, and for other 
purposes. 
Guam Electi 
Governor Act. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That section 6 of 
the Organic Act of Guam (64 Stat. 384, 386; 48 U.S.C. 1422), is 
amended to read as follows: 
"SEC. 6. The executive power of Guam shall be vested in an execu-
tive officer whose official title shall be the 'Governor of Guam'. The 
Governor of Guam, together with the Lieutenant Governor, shall be 
elected by a majority of the votes cast by the people who are qualified 
to vote for the members of the Legislature of Guam, The Governor 
and Lieutenant Governor shall be chosen jointly, by the casting by 
each voter of a single vote applicable to both offices. If no candidates 
82 STAT. ] 
PUBLIC LAW 90-497-SEPT. 11, 1968 
843 
receive a majority of the votes cast in any election, on the fourteenth 
day thereafter a runoff election shall be held between the candidates 
for Governor and Lieutenant Governor receiving the highest and 
second highest number of votes cast. The first election for Governor 
and Lieutenant Governor shall be held on November 3, 1970. There-
after, beginning with the year 1974, the Governor and Lieutenant 
Governor shall be elected every four years at the general election. The 
Governor and Lieutenant Governor shall hold office for a term of four 
years and until their successors are elected and qualified. 
"No person who has been elected Governor for two full successive 
terms shall again be eligible to hold that office until one full term 
has intervened. 
"The term of the elected Governor and Lieutenant Governor shall 
commence on the first Monday of January following the date of elec-
tion. 
"No person shall be eligible for election to the office of Governor or 
Lieutenant Governor unless he is an eligible voter and has been for five 
consecutive years immediately preceding the election a citizen of'the 
United States and a bona fide resident of Guam and will be, at the 
time of taking office, at least thirty years of age. The Governor shall 
maintain his official residence in Guam during his incumbency. 
"The Governor shall have general supervision and control of all 
the departments, bureaus, agencies, and other instrumentalities of 
the executive branch of the government of Guam. He may grant 
pardons and reprieves and remit fines and forfeitures for offenses 
against local laws. He may veto any legislation as provided in this 
Act. He shall appoint, and may remove, all officers and employees of 
the executive branch of the government of Guam, except as otherwise 
provided in this or any other Act of CJongress, or under the laws of 
Guam, and shall commission all officers that he may be authorized to 
appoint. He shall be responsible for the faithful execution of the 
laws of Guam and the laws of the United States applicable in Guam. 
Whenever it becomes necessary, in case of disaster, invasion, insur-
rection, 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 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 responsibilities. He may, in case of 
rebellion or invasion, or imminent danger thereof, when the public 
safety requires it, proclaim the island, insofar as it is under the 
jurisdiction of the government of Guam, to be under martial law. The 
Term of office. 
Qualifications. 
Powers and 
duties. 
844 
PUBLIC LAW 90-497-SEPT. 11, 1968 
[82 STAT. 
Annual report. 
Lieutenant Gov-
Removal of Gov-
ernor from office. 
Vacancy in of-
fice; line of 
succession. 
members of the legislature shall meet forthwith on their own initiative 
and may, by a two-thirds vote, revoke such proclamation. 
"The Governor shall make to the Secretary of the Interior an an-
nual report of the transactions of the government of Guam for trans-
mission to the Congress and such other reports at such other times as 
may be required by the Congress or under applicable Federal law. 
He shall have the power to issue executive orders and regulations not 
in conflict with any applicable law. He may recommend bills to the 
legislature and give expression to his views on any matter before 
that body. 
"There is hereby established the office of Lieutenant Governor of 
Guam. The Lieutenant Governor shall have such executive powers and 
perform such duties as may be assigned to him by the Governor or 
prescribed by this Act or under the laws of Guam." 
SEC. 2. Section 7 of the Organic Act of Guam (64 Stat. 384, 887; 48 
U.S.C. 1422a), is deleted and replaced by the following new provision, 
also designated section 7: 
"SEC. 7. Any Governor of Guam may be removed from office by a ref-
erendum election in which at least two-thirds of the number of per-
sons voting for Governor in the last preceding general election at 
which a Governor was elected, vote in favor of 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 the number 
to at least 50 per centum of the whole number of votes cast for Gover-
nor at the last general election at which a Governor was elected pre-
ceding the filing of the petition." 
SEC. 3. Section 8 of the Organic Act of Guam (64 Stat. 384, 387; 
48 U.S.C. 1422b), as amended, is amended to read as follows: 
"SEC. 8. (a) In case of the temporary disability or temporary ab-
sence of the Governor, the Lieutenant Governor shall have the powers 
of the Governor. 
"(b) In case of a permanent vacancy in the office of Governor, aris-
ing by reason of the death, resignation, removal by recall, or perma-
nent disability of the Governor, or the death, resignation, or permanent 
disability of a Governor-elect, or for any other reason, the Lieutenant 
Governor or Lieutenant Governor-elect shall become the Governor, to 
hold office for the unexpired term and until he or his successor shall 
liave been duly elected and qualified at the next regular election for 
Governor. 
"(c) In case of the temporary disability or temporary absence of 
the Lieutenant Governor, or during any period when the Lieutenant 
Governor is acting as Governor, the speaker of the Guam Legislature 
shall act as Lieutenant Governor. 
"(d) In case of a permanent vacancy in the office of Lieutenant 
Governor, arising by reason of the death, resignation, or permanent 
disability of the Lieutenant Governor, or because the Lieutenant 
Governor or Lieutenant Governor-elect has succeeded to the office 
of Governor, the Governor shall appoint a new Lieutenant Governor, 
with the advice and consent of the legislature, to hold office for the 
unexpired term and until he or his successor shall have been duly 
elected and qualified at the next regular election for Lieutenant 
Governor. 
82 STAT. ] 
PUBLIC LAW 90-497-SEPT. 11, 1968 
845 
"(e) In case of the temporary disability or temporary absence of 
both the Governor and the Lieutenant Governor, the powers of the 
Governor shall be exercised, as Acting Governor, by such person as 
the laws of Guam may prescribe. In case of a permanent vacancy 
in the offices of both the Governor and Lieutenant Governor, the office 
of Governor shall be filled for the unexpired term in the manner pre-
scribed by the laws of Guam. 
"(f) No additional compensation shall be paid to any person acting 
as Governor or Lieutenant Governor who does not also assume the 
office of Governor or Lieutenant Governor under the provisions of this 
Act." 
SEC. 4. (a) Effective on the date of enactment of this Act, the sec-
ond and third sentences of subsection (a) of section 9 of the Organic 
Act of Guam (64 Stat. 384, 387; 48 U.S.C. 1422c(a)) are deleted. 
(b) The first sentence of subsection (b) of section 9 of the Organic 
Act of Guam (64 Stat. 384, 387; 48 U.S.C. 1422c (b)) is deleted. 
SEC. 5. Effective on the date of enactment of this Act, the Organic 
Act of Guam is amended by adding immediately after the end of 
section 9 (64 Stat. 384, 387; 48 U.S.C. 1422c) the following new sec-
tion 9-A: 
"SEC. 9-A. (a) The Secretary of the Interior shall appoint in the 
Department of the Interior a government comptroller for Guam 
who shall be under the general supervision of the Secretary of the In-
terior and shall not be a part of any executive department in the gov-
ernment of Guam, and whose salary and expenses of office shall be 
paid by the United States from funds otherwise to be covered into the 
treasury of Guam pursuant to section 30 of this Act. Sixty days prior 
to the effective date of transfer or removal of the government comp-
troller, the Secretary shall communicate to the President of the Senate 
and the Speaker of the House of Representatives his intention to so 
transfer or remove the government comptroller and his reasons there-
for. 
"(b) The government comptroller shall audit all accounts and re-
view and recommend adjudication of claims pertaining to the revenue 
and receipts of the government of Guam and of fimds derived from 
bond issues; and he shall audit, in accordance with law and adminis-
trative regulations, all expenditures of funds and property pertain-
ing to the government of Guam including those pertaining to trust 
funds held by the government of Guam. 
"(c) It shall be the duty of the government comptroller to bring to 
the attention of 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 pursu-
ant to law. The audit activities of the government comptroller shall 
be directed so as to (1) improve the efficiency and economy of pro-
grams of the government of Guam, and (2) discharge the responsibility 
incumbent upon the Congress to insure that the substantial Federal 
revenues which are covered into the treasury of the government of 
Guam are properly accounted for and audited. 
"(d) The decisions of the government comptroller shall be final 
except that appeal therefrom may, with the concurrence of the Gover-
nor, be taken by the party aggrieved or the head of the department 
concerned, within one year from the date of the decision, to the Secre-
tary of the Interior, which appeal shall be in writing and shall specifi-
cally set forth the particular action of the government comptroller 
Comptroller. 
48 use 1421h. 
846 
PUBLIC LAW 90-497-SEPT. 11, 1968 
[82 STAT. 
Fiscal report. 
GAO review 
and reports. 
Legislature, 
regular and spe-
cial sessions. 
Quorum. 
to which exception is taken, with the reasons and the authorities relied 
upon for reversing such decision. 
"(e) If the Governor does not concur in the taking of an appeal 
to the Secretary, the party aggrieved may seek relief by suit in the 
District Court of Guam if the claim is otherwise within its jurisdic-
tion. No later than thirty days following the date of the decision of 
the Secretary of the Interior, the party aggrieved or the Governor, 
on behalf of the head of the department concerned, may seek relief by 
suit in the District Court of Guam, if the claim is otherwise within 
its jurisdiction. 
"(f) The government comptroller is authorized to communicate 
directly with any person or with any department officer or person 
having official relation with his office. He may summon witnesses and 
administer oaths. 
"(g) As soon after the close of each fiscal year as the accounts of 
isaid fiscal year may be examined and adjusted, the government 
comptroller shall submit to the Governor of Guam and the Secretary 
of the Interior an annual report of the fiscal condition of the govern-
ment, showing the receipts and disbursements of the various depart-
ments and agencies of the government. The Secretary of the Interior 
shall submit such report along with his comments and recommenda-
tions to the President of the Senate and the Speaker of the House of 
Representatives. 
"(h) The government comptroller shall make such other reports as 
may be required by the Governor of Guam, the Comptroller General 
of the United States, or the Secretary of the Interior. 
"(i) The office and activities of the government comptroller of 
Guam shall be subject to review by the Comptroller General of the 
United States, and reports thereon shall be made by him to the Gov-
ernor, the Secretary of the Interior, the President of the Senate and 
the Speaker of the House of Representatives. 
"(j) All departments, agencies, and establishments shall furnish to 
the government comptroller such information regarding the powers, 
duties, activities, organization, financial transactions, and methods of 
business of their respective offices as he may from time to time require 
of them; and the government comptroller, or any of his assistants or 
employees, when duly authorized by him, shall, for the purpose of 
securing such information, have access to and the right to examine any 
books, documents, papers, or records of any such department, agency, 
or establishment." 
SEC. 6. (a) Effective on the date of the enactment of this Act, section 
18 of the Organic Act of Guam (64 Stat. 384, 388; 48 U.S.C. 1423h) is 
amended to read as follows: 
"SEC. 18. 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." 
(b) Effective on the date of enactment of this Act, section 12 of the 
Organic Act of Guam (64 Stat. 384, 388; 48 U.S.C. 1423b) is amended 
by adding after the last sentence thereof the following: "The quorum 
of the legislature shall consist of eleven of its members. No bill shall 
82 STAT. ] 
PUBLIC LAW 90-497-SEPT. 11, 1968 
847 
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.". 
SEC. 7. Effective on the date of enactment of this Act, section 25(b) 
Repeal, 
of the Organic Act of Guam (48 U.S.C. 1421c (b)) is repealed. 
SEC. 8. (a) Section 19 of the Organic Act of Guam (64 Stat. 384, 389; ^ Vetoed biiis, 
48 U.S.C. 1423i) is amended by deleting its fourth, fifth, sixth, seventh, ^PP''°^^ • 
eighth, and ninth sentences and by substituting therefor the following: 
"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." 
(b) Effective on the date of enactment of this Act, section 19 of 
the Organic Act of Guam (48 U.S.C. 14231) is further amended by 
deleting the last sentence thereof. 
SEC. 9. (a) Effective on the date of enactment of this Act, subsection 
Repeal, 
(c) of section 26 of the Organic Act of Guam (64 Stat. 384, 391; 48 
U.S.C. 1421d(c)) is repealed. 
(b) Effective January 4, 1971, the remainder of section 26 of the 
salaries, etc. 
Organic Act of Guam (64 Stat. 384, 391; 48 U.S.C. 1421d), as 
amended, is amended to read as follows: 
"SEC. 26. The salaries and travel allowances of the Governor, Lieu-
tenant 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 pre-
scribed by the laws of Guam." 
SEC. 10. Effective on the date of enactment of this Act, .section 5 
Privileges and 
of the Organic Act of Guam (64 Stat. 384, 385; 48 U.S.C. 1421b), is sToTs'l"' """" 
amended by adding at the end thereof the following new subsection 
(u) = 
.
.
. 
"(u) The following provisions of and amendments to the Consti-
tution of the United States are hereby extended to Guam to the extent 
that they have not been previously extended to that territory and 
shall have the same force and effect there as in the United States or 
in any State of the United States: article I, section 9, clauses 2 
and 3; article IV, section 1 and section 2, clause 1; the first to ninth 
amendments inclusive; the thirteenth amendment; the second sen-
tence of section 1 of the fourteenth amendment; and the 
fifteenth 
and nineteenth amendments. 
"All laws enacted by Congress with respect to Guam and all laws 
enacted by the territorial legislature of Guam which are inconsistent 
with the provisions of this subsection are repealed to the extent of 
such inconsistency." 
SEC. 11. Effective on the date of enactment of this Act, chapter 15 
insurrection 
of the General Military Law (70A Stat. 15, 16; 10 U.S.C. 331-334) '"J"' ^PP^^^^^^^^-
is amended by adding at the end thereof the following new section 335: 
"SEC. 335. For purposes of this chapter, 'State' includes the unin- 
"state." 
corporated territory of Guam." 
SEC. 12. (a) Section 3 of the Organic Act of Guam (64 Stat, 384; „e"[^au°th.Su^^''' 
48 U.S.C. 1421a), as amended, is further amended by deleting all ""^"^ ®
"
* °"*^' 
after the words "Federal Government" and inserting in lieu thereof 
the words "in all matters not the program responsibility of another 
Federal department or agency, shall be under the general administra-
tive supervision of the Secretary of the Interior." 
848 
PUBLIC LAW 90-498-SEPT. 17, 1968 
[82 STAT. 
Effective dates. 
Short title. 
(b) Section 28(c) of the Organic Act of Guam (64 Stat. 384, 392; 
48 U.S.C 1421f (c)), as amended, is amended by deleting the words 
"head of the department or ag:ency designated b j the President under 
section 3 of this Act," by deleting from the proviso the words "head of 
such department or agency," and by substituting in each such instance 
the words "Secretaiy of the Interior". 
SEC. 13. Those provisions necessary to authorize the holding of an 
election for Governor and Lieutenant Governor on November 3,1970, 
shall be effective on January 1, 1970. All other provisions of this Act, 
unless otherwise expressly provided herein, shall be effective January 
4,1971. 
SEC. 14. This Act may be cited as the "Guam Elective Governor Act." 
Approved September 11, 1968. 
September 17, 1968 
[H.J. Res. 1299] 
National His-
panic Heritage 
Week. 
Public Law 90-498 
JOINT RESOLUTION 
Authorizing the President to proclaim annually the week including September 
15 and 16 as "National Hispanic Heritage Week". 
Resolved hy the SeTiate and House of Representatives 
of the United 
States of America in Congress assembled^ That the President is hereby 
authorized and requested to issue annually a proclamation designating 
the week including September 15 and 16 as "National Hispanic 
Heritage Week" and calling upon the people of the United States, 
especially the educational community, to observe such week with 
appropriate ceremonies and activities. 
Approved September 17, 1968. 
September 18,1968 
[H.J. Res. 1404] 
National Family 
Health Week. 
Public Law 90-499 
JOINT RESOLUTION 
Authorizing and requesting the President to proclaim the week of November 17 
through 23, 1968, as "National Family Health Week". 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress assembled^ That the President is author-
ized and requested to officially proclaim the week of N'ovember 17 
through 23, 1968, as "National Family Health Week" as a means of 
focusing national attention during the year upon the accomplishments 
of the American health care sy.stem and the central role played by 
the family physician in the maintenance of superior medical care for 
Americans of all ages and from all walks of life. 
Approved September 18, 1968.