For optimal readability, we highly recommend downloading the document PDF, which you can do below.
Document Information:
- Year: 2004
- Country: Guam
- Language: English
- Document Type: Domestic Law or Regulation
- Topic:
This document has been provided by the
International Center for Not-for-Profit Law (ICNL).
ICNL is the leading source for information on th e legal environment for civil society and public
participation. Since 1992, ICNL has served as a resource to civil society leaders, government
officials, and the donor community in over 90 countries.
Visit ICNL’s Online Library at
https://www.icnl.org/knowledge/library/index.php
for further resources and research from countries all over the world.
Disclaimers Content. The information provided herein is for general informational and educational purposes only. It is not intended and should not be
construed to constitute legal advice. The information contai ned herein may not be applicable in all situations and may not, after the date of
its presentation, even reflect the most current authority. Noth ing contained herein should be relied or acted upon without the benefit of legal
advice based upon the particular facts and circumstances pres ented, and nothing herein should be construed otherwise.
Translations. Translations by ICNL of any materials into other languages are intended solely as a convenience. Translation accuracy is not
guaranteed nor implied. If any questions arise related to the accuracy of a translation, please refer to the original language official version of
the document. Any discrepancies or differences created in the tr anslation are not binding and have no legal effect for compliance or
enforcement purposes.
Warranty and Limitation of Liability. Although ICNL uses reasonable efforts to include ac curate and up-to-date information herein, ICNL
makes no warranties or representations of any kind as to its a ccuracy, currency or completeness. You agree that access to and u se of this
document and the content thereof is at your own risk. ICNL discl aims all warranties of any kind, express or implied. Neither ICNL nor any
party involved in creating, producing or delivering this document shall be liable for any damages whatsoever arising out of access to, use of
or inability to use this document, or any e rrors or omissions in the content thereof.
©2005 – Government of Guam. All Rights Reserved.
T HE O RGANIC A CT OF G UAM
AND
R
ELATED F EDERAL L AWS
A
FFECTING THE
G
OVERNMENTAL S TRUCTURE OF G UAM
_______
C
URRENT T HROUGH
U.S.P.L.
108-378
(October 30, 2004)
2
©2005 – Government of Guam. All Rights Reserved.
INTRODUCTION
The Organic Act of Guam and related federal laws provide the framework for the government of Guam.
This publication=s purpose is to present the fundamental laws creating the government of Guam.
Similarly, while there have been many cases interpreting various aspects of the Organic Act, this publication
will include only appellate ones. A more complete case listing can be found in both Title 48 of the U.S. Code
Annotated (48 U.S.C.A.) and in Title 48 of the U.S. Code Service (48 U.S.C.S.) and their respective
supplements.
Note: In this publication of the Organic Act, the sections are numbered according to the 1987
republication of Title 48 U.S.C.A. The original Organic Act section numbers are indicated under the ALegis-
lative History@.
This publication contains all amendments made through December 31, 2004.
3
©2005 – Government of Guam. All Rights Reserved.
SUMMARY OF LAWS
The Organic Act of Guam and related subchapters of Title 48 U.S.C.A.
Guam’s Delegate to Congress
Submerged Land and Concurrent Jurisdiction
Constitution Authorization Act
———-
4
©2005 – Government of Guam. All Rights Reserved.
THE ORGANIC ACT OF GUAM
(Act of Aug. 1, 1950, as amended, 64 Stat. 384 [48 U.S.C. 1421, et seq.])
SUBCHAPTER 1
GENERAL PROVISIONS
‘[1]. Short Title.
‘1421. Name and Territory Encompassed.
‘1421a. Unincorporated Territory – Government.
‘1421b. Bill of Rights.
‘1421c. Continuation of Laws in Force; Modification or repeal of laws.
‘1421d. Salaries and Travel Allowances of officers and employees.
‘1421e. Duty on articles.
‘1421f. Title to Property Transferred.
‘1421f-1. Acknowledgment of Deeds.
‘1421g. Establishment and maintenance of public bodies and offices.
‘1421h. Duties, taxes and fees; proceeds collected to constitute fund for benefit of Guam;
prerequisites, amount remitted prior to commencement of next fiscal year.
‘1421i. Income Tax.
‘1421j. Appropriations Authorized.
‘1421k. Naval and Military Reservations.
‘1421k-1. Expenses for Guam’s Delegate to Congress.
‘1421n. Copyrights.
‘1421o. Federal Assistance for Fire Control, Watershed Protection and Reforestation.
‘1421p. Appropriations Authorized.
SUBCHAPTER 2
EXECUTIVE BRANCH
‘1422. Governor; Lieutenant Governor: Powers, duties.
‘1422a. Initiative, Referendum and Removal.
‘1422b. Vacancy in Office of Governor or Lieutenant Governor; Temporary Disability, or
Temporary Absence of Governor.
‘1422c. Executive agencies and instrumentalities.
‘1422d. Inspector General: Functions; Duties.
SUBCHAPTER 3
THE LEGISLATURE
‘1423. Legislature of Guam.
‘1423a. Scope of Legislative Authority: Bonding: Guam Power Authority Refinancing.
‘1423b. Selection and Qualification of Members; Officers; Rules; Quorum.
‘1423c. Privileges of Members.
‘1423d. Oaths of Office.
‘1423e. Prohibition against accepting certain appointments and salary increases.
‘1423f Qualifications of Legislators.
‘1423g. Vacancies.
‘1423h. Regular and Special Sessions.
‘1423i. Approval of Bills.
‘1423j. Appropriations by the Legislature Authorized.
5
©2005 – Government of Guam. All Rights Reserved.
‘1423k. Right of Petition:
‘1423l. Purchases through GSA.
SUBCHAPTER 4
THE JUDICIARY
‘1424. Courts of Guam; Jurisdiction; Procedure.
‘1424-1. Local Courts; Appellate Court Authorized.
‘1424-2. Relations between U.S. courts and Guam courts: Ninth Circuit review: Reports to
Congress: rules.
‘1424-3. Appeals Before Local Appellate Court Created.
‘1493. Criminal Appeals by local governments.
‘1424-4. Applicability of Laws & Rules.
‘1424a. Appeals from District Court. [Repealed]
‘1424b. District Court Judge; U.S. Attorney; Marshal; Applicability of laws.
‘1424c. Review of Land Claims.
SUBCHAPTER 5
PUBLIC HOUSING & URBAN RENEWAL
‘1425. Mortgage insurance on housing or property: conditions.
‘1425a. Guam Legislature may create housing authorities: appointment; membership.
‘1425b. Issuance of notes, bonds, and obligations.
‘1425c. Authorization of loans, conveyances.
‘1425d. Ratification of prior act.
‘1424e. Additional powers.
SUBCHAPTER 6
GUAM DEVELOPMENT FUND
‘1428. Authorization of Appropriation.
‘1428a. Submission of plan: contents; terms of loans.
‘1428b. Prerequisites for loans and guarantees; maximum Participation; reserves.
‘1428c. Accounting Procedures.
‘1428d. Report by Governor.
‘1428e. Audits.
———-
6
©2005 – Government of Guam. All Rights Reserved.
S
UBCHAPTER 1
G
ENERAL PROVISIONS
‘[1] Short Title.
This Act may be cited as the Organic Act of Guam.
SOURCE: AThis 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 accordance with the provisions of the Treaty of Peace between
the United States and Spain, signed at Paris, December 10, 1898, and proclaimed April 11, 1899, and known
as the island of Guam in the Marianas Islands, shall continue to be known as Guam.
SOURCE: ‘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 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 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 committed
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 program responsibility of another Federal department or agency, shall be under
the general administrative supervision of the Secretary of Interior.5
SOURCE: ‘3 of Act of Aug. 1, 1950, 48 U.S.C. ‘1421a; 1added by Act of Sept. 21, 1959; 5adopted by amendment of Sept. 11,
1968, P.L. 90-497, 12(a), 82 Stat. 847.
COURT DECISIONS: Regardless of its source, Guam possesses sovereign immunity from suit without its consent pursuant to the
Organic Act as it was written before the 1959 amendment. Crain v. Government of Guam, (C.A.9 (Guam) 1952) 195 F.2d 414,
Since Guam is an unincorporated territory, its government has only those powers conferred upon it by Congress. Rodriguez
v. Gaylord, [1977 DC Hawaii] 429 F. Supp. 797.
Because the Organic Act did not specifically permit such action, the Guam Legislature could not enact a law which took from
the District Court all appellate jurisdiction. Territory of Guam v. Olsen, 451 U.S. 195. (1977).
Because the Organic Act (22) did not specifically provide for Adiversity@ 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 Athree branches@ of government. P e op l e v . C a ma c h o , 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 immunity, granted by ‘3 of the Organic Act, and so is not liable for damages arising from
intentional torts. The statutory limited waiver of immunity (Government Claims Act – ‘6500 et seq. of the Government Code) is
constitutional. Munoz and Munoz v. Govt. of Guam & Aguon, (1980 CA9) 625 F.2d 257.
Because of the doctrine of Aseparation of powers@, 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 prerogative of the executive branch, as an act
Aexecuting the laws@ applicable to Guam. Government of Guam v. United States, D.C.Guam 1982, Civ. No. 82-0001.
The doctrine of Aseparation of powers@ does not permit the Legislature to enact a law by which the Judiciary appoints a
person to undertake a purely executive branch function, namely, the prosecution of criminal cases. People v. Camacho, 1 Guam
Rep. 501.
Guam’s sovereign immunity is immunity against the government only and not against officers of the government acting in
their individual capacities. Ngiraingas v. Sanchez, et al., (C.A. Guam 1988) 858 F.2d 1368.
1. Territories have an Ainherent sovereign immunity@, though not deriving it from the same source as that of the states. 2. While a sovereign may waive its immunity 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
7
©2005 – Government of Guam. All Rights Reserved.
accompanied by a request for court marshal to release items in his custody. Marx v. Government 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).
A . the Superior Court=s Order placing Appellee Taisipic into the PREPARA Program is inconsistent with the Organic Act in
that it impermissibly encroaches upon the powers of the Territorial Parole Board to grant or deny parole. Furthermore, the Order
usurps the power of the Guam Legislature, which vested authority over parole determinations in the Parole Board and not in the
courts. Taisipic v. Marion, et al [Parole Board members], 6 Guam 7, 33 (Supreme Court of Guam)
ATherefore, because we find no disruption of the charging function of the executive [in the Family Violence Act], the second
prong of the inquiry need not be addressed and we hold that the instant statute does not violate the Separation of Powers
Doctrine.@ People v. Perez, 1999 Guam 2, 19 Supreme Court of Guam
.
‘1421b. Bill of Rights.
(a) No law shall be enacted in Guam respecting an establishment of religion or prohibiting the free
exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to
assemble and to petition the government for a redress of their grievances.
(b) No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in
time of war, but in a manner to be prescribed by law.
(c) The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated; and no warrant for arrest or search shall issue but upon probable
cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or
things to be seized.
(d) No person shall be subject for the same offense to be twice put in jeopardy of punishment; nor shall
he be compelled in any criminal case to be a witness against himself.
(e) No person shall be deprived of life, liberty, or property without due process of law.
(f) Private property shall not be taken for public use without just compensation.
(g) In all criminal prosecutions the accused shall have the right to a speedy and public trial; to be
informed of the nature and cause of the accusation and to have a copy thereof; to be confronted with the
witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the
assistance of counsel for his defense.
(h) Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments
inflicted.
(i) Neither slavery nor involuntary servitude, except as 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 impairing the obligation of contracts shall be enacted.
(k) No person shall be imprisoned for debt.
(l) The privilege of the writ of habeas corpus shall not be suspended, unless, when in cases of rebellion or
invasion or imminent danger thereof, the public safety shall require it.
(m) No qualification with respect to property, income, political opinion, or any other matter apart from
citizenship, civil capacity, and residence shall be imposed upon any voter.
(n) No discrimination shall be made in Guam against any person on account of race, language, or
religion, nor shall the equal protection of the laws be denied.
(o) No person shall be convicted of treason against the United States unless on the testimony of two
witnesses to the same overt act, or on confession in open court.
(p) No public money or property shall ever be appropriated, supplied, donated, or used, directly or
indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or 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.
8
©2005 – Government of Guam. All Rights Reserved.
(q) The employment of children under the age of fourteen years in any occupation injurious to health or
morals or hazardous to life or limb is hereby prohibited.
(r) There shall be compulsory education for all children, between the ages of six and sixteen years.
(s) No religious test shall ever be required as a qualification to any office or public trust under the
government of Guam.
(t) No person who advocates, or who aids or belongs to any party, organization, or association which
advocates the overthrow by force or violence of the government of Guam or of the United States shall be
qualified to hold any public office or trust or profit under the government of Guam.
(u) The following provisions of and amendments to the Constitution of the United States are hereby
extended to Guam to the extent that they have not been previously extended to that Territory and shall have
the same force and effect there as in the United States or in any State of the United States: article I, section 9,
clauses 2 and 3; article IV, section 1 and section 2, clause 1; the first to ninth amendments inclusive; the
thirteenth amendment; the second sentence of section 1 of the fourteenth amendment; and the fifteenth and
nineteenth amendments.
All laws enacted by Congress with respect to Guam and all laws enacted by the territorial legislature of
Guam which are inconsistent with the provisions of this subsection are repealed to the extent of such
inconsistency.
SOURCE: ‘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 Amendment 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 furnished 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 capriciously 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 Department 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 remanded for fact finding. Barusch v. Calvo, (CA9
1982) 685 F.2d 1199.
A juvenile is not subject to double jeopardy 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 proceedings, 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 Mandatory 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 @incomprehensibly 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-judgment attachments against nonresidents of Guam, violated the due process clause of
the Constitution (through 5(u) of the Organic Act) because no opportunity for a hearing is given the defendants and because the
attachment
must issue upon the filing of an ex parte affidavit. Holmes & Narver, Inc. v. Udui, (Super.Guam 1982) Civ. #726-81.
9
©2005 – Government of Guam. All Rights Reserved.
A former police officer fighting in court to regain his position is a Apublic figure@ under the 1st Amendment to the Constitution
(here 5(a)) and, therefore must meet the appropriate burden in his attempt to prove libel against a newspaper. Camacho v. Udick,
(D.C.Guam App. Div. 1983) Civ. #81-0103A.
AThe waiver of juvenile court jurisdiction is a ‘critically important’ proceedings which ‘must measure 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 Constitution can give to the people of Guam the right to vote for President and Vice
President. There is no existing constitutional right requiring such a vote. Attorney General of Guam v. United States, C.A.9 1984,
No. 83-1890, 738 F.2d 1017.
Because Guam is an unincorporated territory having only powers given it by Congress, Ait is in essence an instrumentality of
the federal government.@ 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.
Under the circumstances, bail of $1,000,000 did not violate the Eighth Amendment prohibiting excessive bail. People v.
Bruneman, 1996 Guam 3, Supreme Court of Guam.
Double Jeopardy, as to sentencing, has occurred when the Defendant is sentences on four charges (two charges-in-chief
and two enhancements) which are in reality only differing theories of the one offense of murder B only one person was murdered.
People v. James E. Reyes, 1998 Guam 32, 23, Supreme Court of Guam.
A police officer, in order to make a traffic stop, must have more than Athe anonymous informant’s tip alone, which contained
no predictive facts to be corroborated@ in order to meet the requirements of the 4
th Amendment. People v. Johnson, 1997 Guam 9,
9 Guam Supreme Court.
Under the Due Process Clause of the 14
th Amendment, the courts of Guam have jurisdiction over a commercial dispute
between two companies, one of which, though located in Hawaii, had sufficient contacts with Guam to be subject to jurisdiction in
Guam. PCI Communications, Inc. v. GST Pacwest Telecom Hawaii, 1999 Guam 17, 29-32, Supreme Court of Guam.
‘1421c. Continuation of Laws 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 hereby contin-
ued 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 hereby repealed to the extent
of such inconsistency.
(b) Applicability of Federal Laws to Guam. (Repealed)
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). Codified as 48 U.S.C. 1421c. Amendment repealed requirement that, in order to affect Guam, AGuam@ or
Apossession@ be specifically stated in the law; and repealed reference to Commission to study applicability of federal laws to Guam.
This latter Commission had already issued its report.
‘1421d. Salaries and Travel 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.
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 subject 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.
COURT DECISIONS;
The Court of Appeals held that: (1) the allocation rules had a substantial relation to traditional customs purposes, and thus
jurisdiction of challenge to the rules was exclusively vested in the Customs Court, although rules also had concurrent purpose of
promoting insular economic development, and (2) plaintiffs had an adequate remedy in Customs Court of importing more than
10
©2005 – Government of Guam. All Rights Reserved.
duty-free quota allocation, paying duties assessed, and then suing for refund, despite contention that it was financially impossible
for them to do so. Jerlian Watch Co. v. U.S. Dept. of Commerce & U.S. Dept pg the Interior, C.A.9 (Guam) 1979, 597 F.2d 687.
‘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 administration of civil affairs of the inhabitants of Guam, including automotive
and other equipment, tools and machinery, water and sewerage facilities, bus lines and other utilities,
hospitals, schools, and other buildings, shall be transferred to the government of Guam within ninety days
after the date of enactment of this Act [Organic Act].
(b) All other property, real and personal, owned by the United States in Guam, not reserved by the
President of the United States within ninety days after 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 authority, 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 personal, 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 Secretary of the Interior,
except as the President may from time to time otherwise prescribe: Provided, That the Secretary of the
Interior shall be authorized to lease or to sell, on such terms as he may deem in the public interest, any
property, real and personal, of the United States under his administrative supervision in Guam not needed for
public purposes.
SOURCE: ’28 of Act of Aug. 1, 1950 (Organic Act); amended by Elective Governor Act, Public Law 90-497 by designating the
administrative 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 Congress), reads: A(a) The
title to all property, real and personal, owned by the United States and employed by the naval government of Guam in the
administration of the civil affairs of the inhabitants of Guam, including automotive and other equipment, tools and machinery, water
and sewerage facilities, bus lines and other utilities, hospitals, schools, and other buildings, shall be transferred to the government of
Guam within 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 reserved 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 government of Guam, to be
administered for the benefit of the people of Guam, and the Legislature shall have authority, subject to such limitations as may be
imposed upon its acts by this Act or subsequent 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 government 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 President under section 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 Department 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 replacement of lands acquired for
11
©2005 – Government of Guam. All Rights Reserved.
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 Department of the Army, Department of the Navy, Department 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 jurisdiction of the Secretary of the Navy: Provided, that the secretary of the Navy shall transfer such
portions of such property to the Department of the Army, the Department of the Air Force, and the Coast Guard as may be required for
their respective purposes:
(a) All of that real property in Guam situated within the perimeter areas defined in the following designated condemnation
proceedings in the Superior Court of Guam, being the same property quitclaimed by the Naval Government of Guam to the
United States of America by deed dated July 31, 1950, and filed for record with the Land registrar of Guam on August 4, 1950
(Presentation No. 22063):
________________________________________________________________________
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
12
©2005 – Government of Guam. All Rights Reserved.
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 transferred by the U.S. to Guam. Bordallo v. Camacho, (1973 CA9) 475 F.2d 712.
Subsections (a) and (b) provided for a complete action by the United States within 90 days of passage. These sections have no
continuing effect into the present day (2000). Govt. of Guam v. USA, (CA9, Guam) No. 97-17140 (08/12/99), cert. den. _____ U.S. ____,
March 21, 2000, U.S. Supreme Court.
If there is any aboriginal title it exists in the native inhabitants (persons) of Guam, not in the Government of Guam. If any
government is trustee of these titles, it is the United States Government. Govt. of Guam v. USA, (CA9, Guam) No. 97-17140 (08/12/99),
cert. den. _____ U.S. ____, March 21, 2000, U.S. Supreme Court.
‘1421f-1. Acknowledgment of Deeds.
Deeds and other instruments affecting land situated 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 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 Organic 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 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.
13
©2005 – Government of Guam. All Rights Reserved.
(b) Public Education 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)(1) Attorney General of Guam. 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 9BA of this Act 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 filledC
(A) by appointment by the Governor of Guam if such vacancy occurs less than 6 months before a
general election for the Office of Attorney General of Guam; or
(B) by a special election held no sooner than 3 months after such vacancy occurs and no later than 6
months before a general election for Attorney General of Guam, and by appointment by the Governor of
Guam pending a special election under this subparagraph.
SOURCE: ’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. Subsection
(d) added by AThe Guam Organic Act Amendments of 1998″, HR 2370, enacted Oct. 1998, sec. 2.
COURT DECISIONS: The supervision of all departments of the Government of Guam, including the Department of Education,
rests with the Governor of Guam. Therefore, a 1972 collective bargaining agreement 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,
President, et al. [DC Guam App. Div. 1978] 2 Guam Rep. 203.
Because (Organic Act) 29(a) gives supervision over health facilities in Guam to the Governor, the Legislature has no power
to enact a law which, by determining that certain private groups would chose persons the Governor must appoint to the Hospital
Board of Trustees, effectively insulates the Governor 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, creating an elected school board, violate 29(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 collected to constitute fund for benefit of Guam; prerequisites,
amount remitted prior to commencement 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, compensation paid
to members of the Armed Forces and pensions paid to retired civilians and military employees of the United
States, or their survivors, who are residents of, or who are domiciled in, Guam), and all quarantine, passport,
immigration, and naturalization fees collected in Guam shall be covered into the treasury of Guam and held
14
©2005 – Government of Guam. All Rights Reserved.
in account for the government of Guam and shall be expended for the benefit and government of Guam in
accordance with the annual budgets; except that nothing in this chapter shall be construed to apply to any tax
imposed by chapter 2 or 21 of Title 26. Beginning as soon as the government of Guam enacts legislation
establishing a fiscal year commencing on October 1 and ending on September 30, the Secretary of the
Treasury, prior to the commencement of any fiscal year, shall remit to the government of Guam the amount of
duties, taxes and fees which the Governor of Guam, with the concurrence of the government comptroller of
Guam, has estimated will be collected in or derived from Guam under this section during the next fiscal year,
except for those sums covered directly upon collection into the Treasury of Guam. The Secretary of the
Treasury shall deduct from or add to the amounts so remitted the difference between the amount of duties,
taxes and fees actually collected during the prior fiscal year and the amount of such duties, taxes and fees as
estimated and remitted at the beginning of that prior fiscal year, including any deductions which may be
required as a result of the operation of Public Law 94-395 (90 Stat. 1199) or Public Law 88-170, as amended
(82 Stat. 863).
SOURCE: ’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 Aexcept 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 employees, 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 commenced on
October 1, 1978.
NOTE: The Omnibus Territories Act of 1986 incorporates the following language relative to the receipt by Guam of money under
30 (the above section). The purpose of the new language is to exempt 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
appropriations for certain insular areas of the United States, and for other purposes (92 Stat. 487, as amended; there shall
be paid into the treasury[y] of Guam, . . . , the full amounts which are to be covered into the treasuries of said islands or
paid pursuant to said laws as amended and supplemented and such amounts shall not be reduced, notwithstanding Public
Law 99-177, Public Law 99-366, or any other provisions 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 territorial 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, providing 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, providing 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
administered 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 Legislature of Guam may levy a separate tax on all
taxpayers in an amount not to exceed 10 per centum of their annual income tax obligation to the government
of Guam.
(b) Guam Territorial Income Tax. The income tax laws in force in Guam pursuant to subsection (a) of
this section shall be deemed to impose a separate Territorial Income Tax, payable to the government of Guam,
which tax is designated the AGuam Territorial Income Tax@.
(c) Enforcement of Tax. The administration and enforcement of the Guam Territorial Income Tax shall
be performed by or under the supervision of the Governor. Any function needful to the administration and
enforcement of the income tax laws in force in Guam pursuant to subsection (a) of this section shall be
performed by any officer or employee of the government of Guam duly authorized by the Governor (either
directly, or indirectly by one or more redelegations of authority) to perform such function.
15
©2005 – Government of Guam. All Rights Reserved.
(d) “Income tax laws” defined; administration and enforcement; rules and regulations. (1) The
income tax laws in force in Guam pursuant to subsection (a) of this section include but are not limited to the
following provisions of the Internal Revenue Code of 1954, where not manifestly inapplicable 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 contained 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 Revenue 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 provisions of the Internal Revenue Code of 1939.
(2) The Governor or his delegate shall have the same administrative and enforcement powers and
remedies with regard to the Guam Territorial Income Tax as the Secretary of the Treasury, and other United
States officials of the executive branch, have with respect to the United States income tax. Needful rules and
regulations not inconsistent with the regulations prescribed under section 7654(e) of the Internal Revenue
Code of 1954 [26 U.S.C. ‘7654(e)] for enforcement of the Guam Territorial Income Tax shall be prescribed
by the Governor. The Governor or his delegate shall have 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.5
(e) Substitution of Terms. In applying as the Guam Territorial Income Tax the income tax laws in force
in Guam pursuant to subsection (a) of this section, except where it is manifestly otherwise required, the
applicable provisions of the Internal Revenue Codes of 1954 and 1939, shall be read so as to substitute
AGuam@ for AUnited States@, AGovernor or his delegate@ for ASecretary or his delegate@, AGovernor or his
delegate@ for ACommissioner of Internal Revenue@ and @Collector of Internal Revenue@, ADistrict Court of
Guam@ for @district court@ and with other changes in nomenclature and other language, including the omission
of inapplicable language, where necessary to effect the intent of this section.
(f) Criminal offenses; prosecution
. Any act or failure to act with respect to the Guam Territorial
Income Tax which constitutes a criminal offense under chapter 75 of subtitle F of the Internal Revenue Code
of 1954 [26 U.S.C.A. ‘7201 et seq.], or the corresponding provisions of the Internal Revenue Code of 1939,
as included in the income tax laws in force in Guam pursuant to subsection (a) of this section, shall be an
offense against the government of Guam and may be prosecuted in the name of the government of Guam by
the appropriate officers thereof.
(g) Liens. The Government of Guam shall have a lien with respect to the Guam Territorial Income Tax
in the same manner and with the same effect, and subject to the same conditions, as the United States has a
lien with respect to the United States Income Tax. Such lien in respect of the Guam Territorial Income Tax
shall be enforceable in the name of and by the government of Guam. Where filing of a notice of lien is
prescribed by the income tax laws in force in Guam pursuant to subsection (a) of this section, such notice
shall be filed in the Office of the Clerk of the District Court of Guam.
(h) Jurisdiction of District Court; suits for recovery or collection of taxes; payment of judgment.
(1) Notwithstanding any provision of Section 22 of this Act [section 1424 of Title 48] or any other
provisions of law to the contrary, the District Court of Guam shall have exclusive original jurisdiction
over all judicial proceedings in Guam, both criminal and civil, regardless of the degree of the offense or
of the amount involved, with respect to the Guam Territorial Income Tax.
(2) Suits for the recovery of any Guam Territorial Income Tax alleged to have been erroneously or
illegally assessed or collected, or of any penalty claimed to have been collected without authority, or of
any sum alleged to have been excessive or in any manner wrongfully collected, under the income tax
laws in force in Guam, pursuant to subsection (a) of this section, may, regardless of the amount of the
claim, be maintained against the government of Guam subject to the same statutory requirements as are
16
©2005 – Government of Guam. All Rights Reserved.
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 judgment against the
government of Guam under this paragraph has become final, the Governor shall order the payment of
such judgments out of any unencumbered funds in the treasury of Guam.
(3) Execution shall not issue against the Governor or any officer or employee of the government of
Guam on a final judgment in any proceeding against him for any acts or for the recovery of money
exacted by or paid to him and subsequently paid into the treasury of Guam, in performing his official
duties under the income tax laws in force in Guam pursuant to subsection (a) of this section, if the court
certifies that —
(A) probable cause existed; or
(B) such officer or employee acted under the directions of the Governor or his delegate.
When such certificate has been issued, the Governor shall order the payment of such judgment out of any
unencumbered funds in the treasury of Guam.
(4) A civil action for the collection of the Guam Territorial Income Tax, together with fines, penalties
and forfeitures, or for the recovery of any erroneous refund of such tax, may be brought in the name of and by
the government of Guam in the District Court of Guam or in any district court of the United States or in any
court having the jurisdiction of a district court of the United States.
(5) The jurisdiction conferred upon the District Court of Guam by this subsection shall not be subject to
transfer to any other court by the legislature, notwithstanding section 1424(a) of this title. [Organic Act]
SOURCE: ’31, containing only subsection (a), of Act of Aug. 1, 1950 (Organic Act); amended Aug. 20, 1958, Public Law 85-688,
‘1, 72 Stat. 681 – added subsections (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 District Court and the Ninth Circuit Court of Appeals, dealing with specific sections 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 information.
CROSS-REFERENCE: Section 204 of the Act of October 5, 1984, P.L. 98-454, added the following regarding specific authority un-
der the Internal Revenue Code:
@Section 204. (a) The Governor of any possession 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 mortgage 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 legislation with respect to the allo-
cation of the State ceiling enacted by the legislature of the possession after the date of enactment of this Act.. [Oct. 5, 1984]
COURT DECISIONS: Even though Guam taxpayers had, on January 20, 1958, no right anywhere to review without payment of
income tax, they were nevertheless entitled to same notice before assessment as if they had right to Tax Court or Tax Court type
of review, and assessment made simultaneously with announcement of deficiency was void. Bromberg v. Ingling, C.A.9 (Guam)
1962, 300 F.2d 859.
An order, in a tax case, denying a Motion to Dismiss and to Quash Service of Summons is not appealable because it is an
interlocutory order. Shaheen v. Govt. of Guam, C.A.9 (Guam) 1955, 223 F.2d 773.
The Court of Appeals, Byrne, District Judge, held that the statute created a separate territorial income tax in Guam and that
the Government thereof was authorized to enforce it. Wilson v. Kennedy, C.A.9 (Guam) 1956, 232 F.2d 153.
Action by citizens of Guam to recover income taxes assertedly illegally collected, and permanently to restrain enforcement of
income tax laws. The District Court of Guam, Territory of Guam, Paul D. Shriver, J., dismissed action for want of jurisdiction of
subject matter, and plaintiffs appealed from prior order refusing preliminary injunction and from dismissal. The Court of Appeals,
Byrne, District Judge, held that complaint was insufficient, in view of Organic Act of Guam, which imposes a separate territorial
income tax to be enforced by the proper officials of the government of Guam, but that the basis of dismissal should have been
insufficiency of complaint to state claim for relief, rather than want of jurisdiction. Phelan v. Taitano, (C.A.9 (Guam) 1956) 233 F.2d
117.
The Court of Appeals held that Guam income tax assessment made simultaneously with announcement of deficiency was
invalid since 90-day notice of assessment had not been given. Jones v. Ingling, C.A.9 (Guam) 1962, 303 F.2d 438.
Under Business Privilege Tax of Guam entitling government housing contractor, in computing gross income subject to tax, to
deduct expenditures for direct labor and materials, deduction for direct labor and materials included all labor and material costs of
contractor directly and solely incurred in connection with housing project and was not restricted to physical labor at construction
17
©2005 – Government of Guam. All Rights Reserved.
site and to materials becoming permanent part of the complete job. Maddox v. Black, Raber-Kief (a joint venture), C.A.9 (Guam)
1962, 303 F.2d 910.
The United States Commissioner of Internal Revenue may not prescribe any regulations which are not consistent with the
federal tax statutes or which add a restriction to a statute which is not justified by the statutory language or the intent of Congress.
Smith v. Commissioner of Internal Revenue, 9 Cir., 332 F.2d 671, 673. Except to overcome manifest inapplicability, or
incompatibility with the general intent of section 31 of the Organic Act, as amended, Guam tax officials are similarly limited.
Government of Guam v. Koster, C.A.9 (Guam) 1966, 652 F.2d 648.
California parent corporation was not a foreign corporation, for purpose of Guam corporate income tax laws, which were
adaptions of federal tax laws, and Guam subsidiary was not liable for withholding tax on dividends paid to parent. Atkins-Ktoll
(Guam) Ltd. v. Govt. of Guam, C.A.9 (Guam) 1966, 367 F2d. 127. [[Several Definitions, notably the definition of Domestic have
been altered since the promulgation of this Opinion. The result would be the same, but with more restrictions added by the IRC.
~~ Compiler of Laws]
Section 31 of the Organic Act was enacted by the Congress primarily to relieve the US Treasury of making direct
appropriations to the Government of Guam. Although Congress delegated collection and enforcement function of the income tax to
the Government 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.9 (Guam) 1977, 549 F.2d 1335.
The Court of Appeals, Browning, Circuit Judge, held that interest and commissions received by Hawaii corporation from a
Guam sole proprietorship whose payments were deductible business expenses were subject to the 30% Tax imposed by Internal
Revenue Code on gross income received from sources within United States by a foreign corporation. Sayre & Co. v. Riddell, C.A.9
(Guam) 1968, 395 F,2d 407.
The District Court of Guam has jurisdiction, by virtue of Guam Government Code 19700, to redetermine deficiencies
assessed under the income tax laws of the territory of Guam. Forbes v. Maddox, C.A9 (Guam) 1964, 339 F.2d 387 reversing 212
F.Supp. 662.
. . . , the Guamanian Government has denied Jose Flores the benefit of certain deductions and filing privileges, which has
resulted in additional tax liability, based upon the mistaken belief that a ‘mirrored’ version of section 932 is applicable and
controlling. Flores v. Govt. of Guam. C.A. 9 (Guam) 1971, 444 F.2d 484.
The Court of Appeals held that taxpayers, who were citizens of United States and nonresidents of Guam, could not be
denied right to file a joint return and right to a standard deduction with regard to transactions having their taxable locus in Guam
and further held that with regard to transactions having their taxable locus in Guam, corporation, which had among its shareholders
at least three nonresidents of Guam, could not properly be denied the right to a subchapter S election. Manning v. Blaz, C.A.9
(Guam) 1973, 479 F.2d. 333.
The Guam territorial income tax, enacted by Congress as part of the Organic Act of Guam, is not a tax imposed by Guam for
purposes of statute which allows a local government to tax the net income of a national bank but once, and thus the imposition by
Guam of the business privilege tax does not violate said statute. Bank of America v. Blaz, C.A.9 (Guam) 1976, 539 F.2d 1226.
Because the CNMI Covenant provided that, where pertinent, the Internal Revenue Code should substitute
ACNMI@ for AGuam@
and also for AUnited 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 construed as limiting the authority of the President to designate
parts of Guam as naval or military reservations, nor to restrict his authority to treat Guam as a closed port with
respect to the vessels and aircraft of foreign nations.
SOURCE: ’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 defensive 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.
18
©2005 – Government of Guam. All Rights Reserved.
NOTE: Section 34 of the Organic Act provided 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.
Notwithstanding any other provision of law, the clerk hire allowance and the transportation expenses
subject to reimbursement 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 Controlled Substances Act.
‘1421n. Copyrights.
The laws of the United States relating to copyrights, and to the enforcement of rights arising thereunder,
shall have the same force and effect in Guam as in the continental United States.
SOURCE: Codified as 48 U.S.C. ‘1421n. Act of Aug. 1, 1956, c, 852, ’24, 70 Stat. 911. For present copyright 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, 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 or understanding agreed to by the territorial government and the Department. The
Secretary may also utilize the agencies, facilities, and employees of the Department, and may cooperate with
other public agencies and with private organizations and individuals in Guam and elsewhere.
SOURCE: Act of Sept. 19, 1974, Public Law 93-421, 1, 88 Stat. 1154. Codified as 48 U.S.C. 1421o. Not in Organic Act.
‘1421p. Appropriations Authorized.
There are hereby authorized to be appropriated such sums as may be necessary 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 applicable to the Northern Mariana Islands by the
provisions of section 502(a)(1) of H.J. Res. 549 [Pub.L. 92-241], as approved by the House of
19
©2005 – Government of Guam. All Rights Reserved.
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 Organic Act.
20
©2005 – Government of Guam. All Rights Reserved.
SUBCHAPTER 2
EXECUTIVE BRANCH
‘1422. Governor; Lieutenant Governor: Powers, duties.
The executive power of Guam shall be vested in an executive officer whose official title shall be the
@Governor of Guam@. The Governor of Guam, together with the Lieutenant Governor, shall be elected by a
majority of the votes cast by the people who are qualified to vote for the members of the Legislature of Guam.
The Governor and Lieutenant Governor shall be chosen jointly, by the casting by each voter of a single vote
applicable to both offices. If no 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 candidates for Governor and Lieutenant
Governor receiving the highest and second highest number of votes cast. The first election for Governor and
Lieutenant Governor shall be held on November 3, 1970. Thereafter, beginning with the year 1974, the
Governor and Lieutenant Governor shall be elected every four years at the general election. The Governor
and Lieutenant Governor shall hold office for a term of four years and until their successors are elected and
qualified.
No person who has been elected Governor for two full successive terms shall again be eligible to hold
that office until one full term has intervened.
The term of the elected Governor and Lieutenant Governor shall commence on the first Monday 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 incumbency.
The Governor shall have general supervision and control of all the departments, bureaus, agencies, and
other instrumentalities of the executive branch of the government of Guam. He may grant pardons and
reprieves and remit fines and forfeitures for offenses against local laws. He may veto any legislation as
provided in this chapter. He shall appoint, and may remove, all officers and employees of the executive
branch of the government of Guam, except as otherwise provided in this or any other Act of Congress, or
under the laws of Guam, and shall commission all officers he may be authorized to appoint. He shall be
responsible for the faithful execution of the laws of Guam and the laws of the United States applicable in
Guam. Whenever it becomes necessary, in case of disaster, invasion, insurrection, or rebellion, or imminent
danger thereof, or to prevent or suppress lawless violence, he may summon the posse comitatus or call out the
militia or request the assistance of the senior military or naval commander of the Armed Forces of the United
States in Guam, which may be given at the discretion of such commander if not disruptive of, or inconsistent
with, his federal responsibilities. He may, in case of rebellion or invasion, or imminent danger thereof, when
the public safety requires it, proclaim the island, insofar as it is under the jurisdiction of the government of
Guam, to be under martial law. The members of the Legislature shall meet forthwith on their own initiative
and may, by two-thirds vote, revoke such proclamation.
The Governor shall prepare, publish, and submit to the Congress and the Secretary of the Interior a
comprehensive annual financial report in conformance with the standards of the National Council on
Governmental Accounting within one hundred and twenty days after the close of the fiscal year. The
comprehensive annual financial report shall include statistical data as set forth in the standards of the National
Council on Governmental Accounting relating to the physical, economic, social and political characteristics of
the government, and any other information required by Congress. The Governor shall transmit the
comprehensive annual financial report to the Inspector General of the Department of the Interior who shall
audit it and report his findings to Congress. The Governor shall also make such other reports at such other
times as may be required by the Congress or under applicable Federal law. He shall also submit to the
Congress, the Secretary of the Interior, and the cognizant Federal auditors a written statement of actions taken
21
©2005 – Government of Guam. All Rights Reserved.
or contemplated on Federal audit recommendations 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 Legislature and give expression to his views on any matter before that
body.
There is hereby established the office of Lieutenant Governor of Guam. The Lieutenant Governor shall
have such executive powers and perform such duties as may be assigned to him by the Governor or prescribed
by this chapter or under the laws of Guam.
SOURCE: 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 Territories Act – 10/19/82).
COURT DECISIONS: This Section did not authorize the Governor 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 enforcement office on Guam, to deport an alien who has overstayed his permit. Ex parte
Rogers, [1952 DC Guam] 104 F. Supp. 393.
Section 6 of the Organic Act does not permit the Legislature to take from the Governor 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 certain, specific reasons, violates 6 of the
Organic Act because, by so doing, the Governor @lacks substantial power to supervise and control the office.@ People v. Perez, et
al., (1982 Super.Guam) Cr. Case #59F-82; rehearing 9/82, decision sustained. Aff’d., D.C.Guam App.Div. Case No. 82-0215
(1983).
@. . . the Governor is authorized to exercise his executive prerogative in administering 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.
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 application’ which the Guam Legislature is empowered under the Organic Act to
legislate in such matters to assist the Governor in the enforcement of his duties.@ People v. Salas, (Super.Guam 1982) Cr. #47F-
82.
The supervision of all departments of the Government of Guam, including the Department of Education, rests with the
Governor of Guam. Therefore, a 1972 collective bargaining agreement 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, President, 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 ’29(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).
When counting the total number of votes to determine whether a gubernatorial slate has received a majority of those case,
only votes cast for the gubernatorial slates will be counted B blank ballots will be ignored. A> [A]ny election,= therefore may be read
to make it clear that the runoff requirement applies equally to the initial election and to those periodically scheduled in the future.
That may not be very heavy work for the phrase to perform, but a job is a job, and enough to bar the rule against redundancy from
disqualifying an otherwise sensible reading. Gutierrez et al. V. Ada et al., No. 99-51, Jan. 19, 2000, U.S. Supreme Court.
‘1422a. Initiative, Referendum and Removal.
(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 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
22
©2005 – Government of Guam. All Rights Reserved.
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 elected preceding 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 (Omnibus Territories Act – 10/19/82).
‘1422b. Vacancy in Office of Governor or Lieutenant Governor; Temporary Disability, or Temporary
Absence of Governor.
(a) Temporary disability or temporary absence of Governor. In case of the temporary disability or
temporary absence of the Governor, the Lieutenant Governor shall have the powers of the Governor.
(b) Permanent vacancy in office of Governor. In case of a permanent vacancy in the office of
Governor, arising by reason of the death, resignation, removal by recall, or permanent disability of a
Governor-elect, or for any other reason, the Lieutenant Governor, or Lieutenant Governor-elect shall become
the Governor, to hold office for the unexpired term and until he or his successor shall have been duly elected
and qualified at the next regular election for Governor.
(c) Temporary disability or temporary absence of Lieutenant Governor. In case of the temporary
disability or temporary absence of the Lieutenant Governor, or during any period when the Lieutenant
Governor is acting as Governor, the Speaker of the Guam Legislature shall act as Lieutenant Governor.
(d) Permanent vacancy in office of Lieutenant Governor. In case of a permanent vacancy in the office
of Lieutenant Governor, arising by reason of the death, resignation, or permanent disability of the Lieutenant
Governor, or because the Lieutenant Governor or Lieutenant Governor- elect has succeeded to the office of
Governor, the Governor shall appoint a new Lieutenant Governor, with the advice and consent of the
legislature, to hold office for the unexpired term and until he or his successor shall have been duly elected and
qualified at the next regular election for Lieutenant Governor.
(e) Temporary disability of temporary absence of both Governor and Lieutenant Governor. In case
of the temporary disability or temporary absence of both the Governor and the Lieutenant Governor, the
powers of the Governor shall be exercised, as Acting Governor, by such person as the laws of Guam may
prescribe. In case of a permanent vacancy in the offices of both the Governor and Lieutenant Governor, the
office of Governor shall be filled for the unexpired term in the manner prescribed by the laws of Guam.
(f) Additional compensation. No additional compensation shall be paid to any person acting as
Governor or Lieutenant Governor who does not also assume the office of Governor or Lieutenant Governor
under the provisions of this chapter.
SOURCE: ‘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 Governor Act). For implementation see 5 GCA
‘1101, et seq.
‘1422c. Executive agencies and instrumentalities. (a) Appointment of heads; merit system.
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 upon them by law or by executive regulation of the Governor not inconsistent with any law.
23
©2005 – Government of Guam. All Rights Reserved.
(c) Reorganization. The Governor shall, from time to time, examine the organization of the executive
branch of the government of Guam, and shall determine and carry out such changes therein as are necessary
to promote effective management and to execute faithfully the purposes of this chapter and the laws of Guam.
(d) Continuation in office of incumbents. All persons holding office in Guam on August 1, 1950 may,
except as otherwise provided in this chapter, continue to hold their respective offices until their successors are
appointed and qualified.
SOURCE: ‘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 government. Creation of new agencies is the prerogative 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 Aseparation of powers@, 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 prerogative of the executive branch, as an act
Aexecuting the laws@ applicable to Guam. Government of Guam v. United States, D.C.Guam 1982, Civ. No. 82-0001.
The doctrine of Aseparation of powers@ does not permit the Legislature to enact a law by which the Judiciary appoints a
person to undertake a purely executive branch function, 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 inconsistent with, but properly
supplements customs law which refers only to the inspection 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 Inspector 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
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) 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 Office of Comptroller General’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, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made
available, of the office of the government comptroller for Guam related to its audit function are hereby
transferred to the Office of Inspector General, Department of the Interior.
SOURCE: Added by Public Law 90-497, (Elective Governor Act), ‘5, 82 Stat. 845 Sept. 11, 1968; amended 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
(Omnibus Territories Act – 10/19/82), 96 Stat. 1706. Codified as 48 U.S.C. ‘1422d.
24
©2005 – Government of Guam. All Rights Reserved.
SUBCHAPTER 3
THE LEGISLATURE
‘1423. Legislature of Guam.
(a) Unicameral nature; Powers. The legislative power and authority of Guam shall be vested in a
legislature, consisting of a single house, to be designated the ALegislature of Guam@, herein referred to as the
legislature.
(b) Size; Election At-large or by Districts; Limitations. The legislature shall be composed of not to
exceed twenty-one members, to be known as senators, elected at large, or elected from legislative districts, or
elected in part at large and in part from legislative districts, as the laws of Guam may direct: Provided, That
any districting and any apportionment pursuant to this authorization and provided for by the laws of Guam
shall not deny to any person in Guam the equal protection of the laws; And provided further, That in any
elections to the legislature, every elector shall be permitted to vote for the whole number of at-large
candidates to be elected, and every elector residing in a legislative district shall be permitted to vote for the
whole number of candidates to be elected within that district.
(c) Reapportionment; Federal Census Base. Any districting and related apportionment pursuant to this
section shall be based upon the then most recent Federal population census of Guam, and any such districting
and apportionment shall be reexamined following each successive Federal population census of Guam and
shall be modified, if necessary, to be consistent with that census.
(d) Timing of Biennial Elections. General elections to the legislature shall be held on the Tuesday next
after the first Monday in November, biennially in even-numbered years. The legislature in all respects shall
be organized and shall sit according to the laws of Guam.
SOURCE: ’10 of Act of Aug. 1, 1950 (Organic Act); amended by Public Law 89-552, ‘1, Sept. 2, 1966, 80 Stat. 375. Codified as
48 U.S.C. ‘1423. The districting of the Guam Legislature has been implemented by Guam P.L. 13-152, but later nullified by court
action 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 indicate that the population had shifted from its original pattern. Ramsey v. Guam Election Commission,
(D.C.Guam 1982) Civ. #82-0185.
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 Legislature. 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: Bonding: Guam Power Authority Refinancing.
The legislative power of Guam shall extend to all rightful subjects of legislation not inconsistent with
the provisions of this chapter and the laws of the United States applicable to Guam. Taxes and assessments on
property, internal revenues, sales, license fees, and royalties for franchises, privileges, and concessions may
be imposed for the purposes of the government of Guam as may be uniformly provided by the Legislature of
Guam, and when necessary to anticipate taxes and revenues, bonds and other obligations may be issued by the
government of Guam: Provided, however, That no public indebtedness of Guam shall be authorized or
allowed in excess of 10 per centum of the aggregate tax valuation of the property in Guam. Bonds or other
obligations of the government of Guam payable solely from revenues derived from any public improvement
or undertaking shall not be considered public indebtedness of Guam within the meaning of this section. All
bonds issued by the government of Guam or by its authority shall be exempt, as to principal and interest, from
taxation by the Government of the United States or by the government of Guam, or by any State or Territory
or any political subdivision thereof, or by the District of Columbia. The Secretary of the Interior (hereinafter
in this section referred to as ASecretary@) is authorized to guarantee for purchase by the Federal Financing
Bank bonds or other obligations of the Guam Power Authority maturing on or before December 31, 1978,
25
©2005 – Government of Guam. All Rights Reserved.
which shall be issued in order to refinance short-term notes due or existing on June 1, 1976 and other
indebtedness not evidenced by bonds or notes in an aggregate amount of not more than $36 million, and such
bank, in addition to its other powers, is authorized to purchase, receive or otherwise acquire these same. The
interest rate on obligations purchased by the Federal Financing Bank shall be not less than a rate determined
by the Secretary of the Treasury taking into consideration the current average market yield on outstanding
marketable obligations of the United States of comparable maturities, adjusted to the nearest one-eighth of 1
per centum, plus 1 per centum per annum. The Secretary, with the concurrence of the Secretary of the
Treasury, may extend the guarantee provision of the previous sentence until December 30, 1980. The Secre-
tary, upon determining that the Guam Power Authority is unable to refinance on reasonable terms the
obligations purchased by the Federal Financing Bank under the fifth sentence of this section by December 31,
1980, may, with the concurrence of the Secretary of the Treasury, guarantee for purchase by the Federal
Financing Bank; and such bank is authorized to purchase, obligations of the Guam Power Authority issued to
refinance the principal amount of the obligations guaranteed under the fifth sentence of this section. The
obligations that refinance such principal amount shall mature not later than December 31, 1990, and shall bear
interest at a rate determined in accordance with section 2285 of Title 12. At the request of the Board of
Directors of the Guam Power Authority for a second refinancing agreement and conditioned on the approval
of the Government of Guam pursuant to the law of Guam, and conditioned on the establishment of an
independent rate-making authority by the Government of Guam, the Secretary may guarantee for purchase by
the Federal Financing Bank, on or before December 31, 1984, according to an agreement that shall provide
for —
(a) substantially equal semiannual installments of principal and interest;
(b) maturity of obligations no later than December 31, 2004;
(c) authority for the secretary, should there be a violation of a provision of this legislation, or cove-
nants or stipulations contained in the refinancing document and after giving sixty days notice of such
violation to the Guam Power Authority and the Governor of Guam, to dismiss members of the Board of
Directors or the general manager of the Guam Power Authority, and (1) appoint in their place members
or a general manager who shall serve at the pleasure of the Secretary, or (2) contract for the management
of the Guam Power Authority; and
(d) an annual simple interest rate of seven per centum; and the Federal Financing Bank shall
purchase such Guam Power Authority obligations if such Guam Power Authority obligations are issued
to refinance the principal amount scheduled to mature on December 31, 1990. Should such second
refinancing occur, (1) the independent rate-making authority to be established by the Government of
Guam, or in its absence, the Board of Directors of the Guam Power Authority, shall establish rates
sufficient to satisfy all financial obligations and future capital investment needs of the Guam Power
Authority that shall be consistent with generally accepted rate- making practices of public utilities, and
(2) the Government of Guam shall not modify the requirements of such refinancing agreement without
agreement of the Secretary. There are authorized to be appropriated to the Secretary of the Interior for
payment to the Federal Financing Bank such sums as are necessary to pay (1) the repurchase payment
required under the fifth paragraph of the December 31, 1980, note from the Guam Power Authority to
the Federal Financing Bank and any subsequent repurchase payments required under the second
refinancing agreement, and (2) the interest rate differential between the seven per centum to be paid by
the Guam Power Authority and the second refinancing agreement and the interest rate that would be
otherwise be determined in accordance with the above cited section 2285 of Title 12. Should the Guam
Power Authority fail to pay in full any installment of interest or principal when due on the bonds or other
obligations guaranteed under this section, the Secretary of the Treasury, upon notice from the Secretary
shall deduct and pay to the Federal Financing Bank or the Secretary, according to their respective
interests, such unpaid amounts from sums collected and payable pursuant to section 1421h of this
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
26
©2005 – Government of Guam. All Rights Reserved.
become due pursuant to any law and offset the amount of such withheld payments against any claim the
United States may have against the government of Guam or the Guam Power Authority pursuant to this
guarantee. For the purpose of this chapter, under ‘3713(a) of Title 31 the term ‘person’ includes the
government of Guam and the Guam Power Authority. The Secretary may place such stipulations as he
deems appropriate on the bonds or other obligations he guarantees.
SOURCE: ’11 of Act of Aug. 1, 1950 (Organic 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 ADecember 31, 1980@ to enable the Secretary
to extend the GPA loan guarantee. Amended further by ‘203 of the Act of Oct. 5, 1984, Pub.L. 98-454, to provide for a second
refinancing by the Federal Financing Bank. First sentence amended by The Organic Amendments of 1998, HR 2370 (Oct. 1998) ‘
4. Amendment consisted of enlarging the powers of legislation to Aall rightful subjects of legislation@ from Alegislation . . . of local
application@. 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 provisions [GEDA law] designed to encourage business and industry by
providing various tax assistance favoring qualifying corporations did not violate provisions of this section requiring that taxes be
uniformly applicable. 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.
Maddox, [DC Guam] 203 F. Supp. 934.
Issuance of revenue bonds by Guam Telephone Authority with contingent backing by the government of Guam has
contemplated in P.L. 13-110 would constitute Apublic indebtedness@ 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 application’ which the Guam Legislature is empowered under the Organic Act to
legislate in such matters to assist the Governor in the enforcement of his duties.@ People v. Salas, (Super.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.@ Therefore, 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 Congress, and by provisions of
the U.S. Constitution. 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. Constitution 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 territory of Guam. People v. Sugiyama, (C.A.
Guam 1988) 846 F.2d 570.
The test for whether a territorial law is preempted by a federal law is the same as the test for preemption 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 Members; Officers; Rules; 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.
SOURCE: ’12 of Act of Aug. 1, 1950 (Organic Act); amended by Public Law 90-497, ‘6(b), Sept. 11, 1968, 82 Stat. 846. (Elective
Governor Act). Codified as 48 U.S.C. ‘1423b. Quorum requirements were amended to Aa simple majority@ from Aeleven@ by The
Organic Act Amendments of 1998, HR 2370, ‘3 ()ct. 1998) in response to the local reduction of the Legislature from 21 members
to 15.
‘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.
27
©2005 – Government of Guam. All Rights Reserved.
(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). Codified as 48 U.S.C. ‘1423c.
COURT DECISIONS: The Aspeech and debate@ clause (subsection (b) of Organic Act ’13) protects a senator from a deposition in
which the information sought is that which was Aacquired@ by the senator in the course of her official duties; therefore, a writ of
mandate will issue forbidding the deposition of the senator to be taken. Wilkinson, et al. v. O’Neil, (D.C.Guam App. Div. 1983) Civ.
App. #81-0100A.
AAlthough the Senator=s actions are disturbing and cause us concern, the broad interpretation of the Speech or Debate
Clause, coupled with the specific factual circumstances of this case, lead us to the conclusion that the playing of the tape was a
legitimate legislative act protected by the Speech or Debate Clause; therefore, the Senator=s actions were privileged.@ Hamlet v.
Charfauros, 1999 Guam 19, Supreme Court of Guam.
‘1423d. Oaths 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).@
SOURCE: ’14 of Act of Aug. 1, 1950 (Organic Act). Codified as 48 U.S.C. ‘1423d.
‘1423e. Prohibition against accepting certain appointments and salary increases.
No member of the legislature shall, during the term for which he was elected or during the year following
the expiration of such term, be appointed to any office which has been created, or the salary or emoluments of
which have been increased during such term.
SOURCE: ’15 of Act of Aug. 1, 1950 (Organic 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 attained the
age of twenty-five years and who has not been domiciled in Guam for at least five years immediately
preceding the sitting of the legislature in which he seeks to qualify as a member, or who has been convicted of
a felony or of a crime involving moral turpitude and has not received a pardon restoring his civil rights.
SOURCE: ’16 of Act of Aug. 1, 1950 (Organic Act). Codified as 48 U.S.C. ‘1423f.
‘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.
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, 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.
28
©2005 – Government of Guam. All Rights Reserved.
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 implemented 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 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 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 override items vetoed by the Governor in the same manner as it
can override the Governor’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 legislative recess where the
Legislature 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 nondiscretionary 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 Department were Apersons@ 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.
The Legislature cannot, by choosing to adjourn such that it is absent at the end of that time, exert pressure on the Governor
to consider too hastily the legislation before him. Instead of forcing the Governor to return a bill before the Legislature adjourns, he
has thirty days within which he may consider the legislation and sign if approved. Likewise, the Legislature cannot ratify a vetoed
law by mere reference to it at a later date. Pangelinan v. Gutierrez, 2000 Guam 11, 31, Supreme Court of Guam.
‘1423j. Appropriations by the Legislature Authorized.
(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 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.
29
©2005 – Government of Guam. All Rights Reserved.
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.
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 petition of the people of
Guam under this section. Shapiro v. Guerrero v. Guam National Party, Intervenor, Superior 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 Territorial and local governments of Guam are authorized to make purchases through the General
Services Administration.
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.
30
©2005 – Government of Guam. All Rights Reserved.
SUBCHAPTER 4
THE JUDICIARY
‘1424. Courts of Guam; Jurisdiction; Procedure.
(a) District Court of Guam; local courts. (a)(1) The judicial authority of Guam shall be vested in a
court established by Congress designated as the ADistrict Court of Guam@, and a judicial branch of Guam
which branch shall constitute a unified judicial system and include an appellate court designated as the
ASupreme Court of Guam@, a trial court designated as the ASuperior Court of Guam@, and such other lower
local courts as may have been or shall hereafter be established by the laws of Guam.
(2) The Supreme Court of Guam may, by rules of such court, create divisions of the Superior Court of
Guam and other local courts of Guam.
(3) The courts of record for Guam shall be the District Court of Guam, the Supreme Court of Guam, the
Superior Court of Guam (except the Traffic and Small Claims divisions of the Superior Court of Guam) and
any other local courts or
divisions of local courts that the Supreme Court of Guam shall designate.
(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 jurisdiction 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 jurisdiction 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 then
1 vested by the legislature in another court or courts established 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 (Bankruptcy 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. Subsection (a)
amended by P.L. 108-378:1(a).
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 amendments and
1the addition of the word Athen@ 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 Legislature had removed all local jurisdiction from the District Court. The Appellate Division had ruled that, once the
Legislature turned over all local jurisdiction 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 Legislature transferred all local jurisdiction 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 jurisdiction, by reason of Government Code ‘19700, [11 GCA ‘36101] to redetermine
deficiencies assessed under the income tax laws of the territory of Guam. Forbes v.2 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. [Reversed by
Chase Manhattan Bank [National Association] v. South Acres Development Company, (1978 US) 98 S.Ct. 544.] Result of this latter
case overturned as to later cases, through amendment to ‘1424(b) of this chapter.
The District Court of Guam does not possess diversity jurisdiction 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
jurisdiction 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 diversity statute of 28 USC 1332. Chase Manhattan Bank [National Association] v.
South Acres Development Company, [1978 US] 98 S.Ct. 544.
Since the Court Reorganization Act of 1974 (Guam P.L. 12-85) removed all local, original jurisdiction from the District Court,
it cannot later add additional, original, local jurisdiction 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 ATrial 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.
31
©2005 – Government of Guam. All Rights Reserved.
?The Guam Legislature has the power to determine 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 amendment increasing the civil jurisdiction
of the District Court as stripping it of already existing criminal jurisdiction, especially since there is not 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 provision than would be the assertion of the same right in the
course of a criminal proceeding before the Superior Court of Guam.@ Pador v. Mantanane, (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 constitutionality of a local law arises
RESERVING CERTAIN SUBMERGED LANDS ADJACENT TO ROSE ATOLL NATIONAL WILDLIFE REFUGE IN AMERICAN
SAMOA AND CERTAIN SUBMERGED LANDS FOR DEFENSE NEEDS OF UNITED STATES IN GUAM AND VIRGIN ISLANDS
The submerged lands surrounding the Rose Atoll National Wildlife Refuge in American Samoa are necessary for the protection of the
Atoll’s marine life, including the green sea and hawksbill turtles. The submerged lands in Apra Harbor and those adjacent to Inapsan
Beach and Urano Point in Guam, and certain submerged lands on the west coast of St. Croix, United States Virgin Islands are required
for national defense purposes. These submerged lands in American Samoa, Guam and the United States Virgin Islands will be
conveyed to the Government of those territories, on February 3, 1975, pursuant to Section 1(a) of Public Law 93-435 (88 Stat. 1210)
[subsec. (a) of this section], unless the President, under Section 1(b)(vii) of that Act [subsec. (b)(vii) of this section], designates otherwise.
NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, by virtue of authority vested in me by Section
1(b)(vii) of Public Law 93-435 (88 Stat. 1210) [subsec. (b)(vii) of this section], do hereby proclaim that the lands hereinafter described are
45
©2005 – Government of Guam. All Rights Reserved.
excepted from the transfer to the Government of American Samoa, the Government of Guam and the Government of the United States
Virgin Islands under Section 1(a) of Public Law 93-435 [subsec. (a) of this section].
American Samoa. The submerged lands adjacent to Rose Atoll located 78 miles east-southeast of Tau Island in the Manua Group
at latitude 14 degrees 32’52” south and longitude 168 degrees 08’34” west, which lands shall be under the joint administrative jurisdiction
of the Department of Commerce and the Department of the Interior.
Guam. (1) The submerged lands of inner and outer Apra Harbor; and, (2) the submerged lands adjacent to the following
uplands: (a) Unsurveyed land, Municipality of Machanao, Guam, as delineated on Commander Naval Forces, Marianas Y & D
Drawing Numbered 597-464, lying between the seaward boundaries of Lots Numbered 9992 through 9997 and the mean high
tide, containing an undetermined area of land, (b) unsurveyed land, Municipality of Machanao, Guam, as delineated on
Commander Naval Forces, Marianas Y & D Drawing Numbered 597- 464, lying between the seaward boundary of Lot Numbered
10080 and the line of mean high tide, containing an undetermined amount of land, and (c) Lot Numbered PO 4.1 in the
Municipality of Machanao, Guam, as delineated on Y & D Drawing Numbered 597-464, more particularly described as surveyed
land bordered on the north by Lot Numbered 10080, Machanao, east by Northwest Air Force Base, south by U.S. Naval
Communication Station (Finegayan) and west by the sea containing a computed area of 125.50 acres, more or less. All of the
above lands within the territory of Guam shall be under the administrative jurisdiction of the Department of the Navy.
The Virgin Islands. (1) The submerged lands as described in the Code of Federal Regulations revised as of July 1, 1974, cited as
33 CFR 207.817 areas “A” & “B”, (2) the submerged lands seaward of the 100 fathom curve off the coast of St. Croix beginning at a point
17 degrees 40’30” N and ending at a point 17 degrees 46’30” North as depicted on Coast and Geodetic Survey Chart Numbered 25250,
Third Edition; Title: St. Croix, Virgin Islands Underwater Range, and (3) the submerged lands seaward of the Underwater Range
Operational Control Center, St. Croix, Virgin Islands presently leased to the Department of the Navy and described as Plot #18 of Estate
Sprat Hall subdivision, located in northside Quarter “A”, St. Croix containing 4.84 acres of land. All of the above lands within the territory
of the Virgin Islands shall be under the administrative jurisdiction of the Department of the Navy.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of February, in the year of our Lord nineteen hundred
seventy-five, and of the Independence of the United States of America the one hundred and ninety-ninth.
GERALD R. FORD
[Boldface added by Compiler to note Guam material]
COURT DECISIONS: Before enactment of this section, the District Court of Guam held, with respect to the submerged lands
surrounding Guam adjacent to the Naval Communications Station:
In light of the above, the waters adjacent to the Naval Communications Station, and below the low water mark, like the
remainder of the Guam territorial waters, must be held to be outside the exclusive jurisdiction of the United States and
a proper subject of legislation by the Guam Legislature. U.S. v. Borja, et al., D.C.Guam 1961, 191 F.Supp. 563, 566.
‘1706. Reserved Rights — Establishment of Defensive Sea Areas.
(a) Nothing in Sections 1705 to 1708 of this Title shall affect the right of the President to establish naval
defensive sea areas and naval defensive airspace reservations around and over the islands of Guam, American
Samoa, and the Virgin Islands when deemed necessary for national defense.
(b) Nothing in Sections 1705 to 1708 of this Title shall effect the use, development, improvement, or
control by or under the constitutional authority of the United States of lands transferred by section 1705 of
this Title, and the navigable waters overlying such lands, for the purpose of navigation or flood control or the
production of power, or be construed as the release or relinquishment of any rights of the United States arising
under the constitutional authority of Congress to regulate or improve navigation, or to provide for flood
control or the production of power.
(c) The United States retains all of its navigational servitude and rights in and powers of regulation and
control of the lands conveyed by Section 1705 of this Title, and the navigable waters overlying such lands, for
the constitutional purposes of commerce, navigation, national defense, and international affairs, all of which
shall be paramount to, but shall not be deemed to include, proprietary rights of ownership, or the rights of
management, administration, leasing, use, and development of the lands and natural resources which are
specifically conveyed to the government of Guam, the Virgin Islands, or American Samoa, as the case may
be, by Section 1705 of this Title.
(d) Nothing in Sections 1705 to 1708 of this Title shall affect the status of lands beyond the three-mile
limit described in Section 1705 of this Title.
SOURCE: Enacted by Public Law 93-435, ‘2, 88 Stat. 1211, Oct. 5, 1974.
46
©2005 – Government of Guam. All Rights Reserved.
‘1707. Payment of Rents, to Local Governments.
On and after October 5, 1974, all rents, royalties, or fees from leases, permits, or use rights, issued prior
to October 5, 1974, by the United States with respect to the land conveyed by Sections 1705 to 1708 of this
Title, or by Section 1545(b) of this Title, and rights or action for damages for trespass occupancies of such
lands shall accrue and belong to the appropriate local government under whose jurisdiction the land is located.
SOURCE: Enacted by Public Law 93-435, ‘4, 88 Stat. 1212, Oct. 5, 1974.
‘1708. Discrimination Prohibited.
No person shall be denied access to, or any of the benefits accruing from, the lands conveyed by Sections
1705 to 1708 of this Title, or by Section 1545(b) of this Title, on the basis of race, religion, creed, color, sex,
national origin, or ancestry: Provided, however, that this section shall not be construed in derogation of any of
the provisions of the April 17, 1900 cession of Tutuila and Aunuu or of the July 16, 1904 cession of the
Manus Islands, as ratified by the Act of February 20, 1929 (45 Stat. 1253) and the Act of May 22, 1929 (46
Stat. 4).
SOURCE: Enacted by Public Law 93-435, ‘6, 88 Stat. 1212, Oct. 5, 1974.
———-
47
©2005 – Government of Guam. All Rights Reserved.
FEDERAL POLICY RELATIVE TO GRANTS-IN-AID
—–
NUCLEAR WASTE AND ENERGY RESOURCES
‘1469a. Congressional Declaration of Policy Respecting “Insular Areas” – Consolidation of Grants and
Waiver of Matching Funds
—–
‘1469d. General Technical Assistance
—–
‘1492 Energy Resources
—–
‘1469a. Congressional Declaration of Policy Respecting AInsular Areas@.
In order to minimize the burden caused by existing application and reporting procedures for certain
grant-in- aid programs available to the Virgin Islands, Guam, American Samoa, the Trust Territories of the
Pacific Islands, and the Government of the Northern Mariana Islands (hereinafter referred to as AInsular
Areas@) it is hereby declared to be the policy of Congress notwithstanding any provision of law to the
contrary, that:
(a) Any department or agency of the Government of the United States which administers any Act of
Congress which specifically provides for making grants to any Insular Area under which payments received
may be used by such Insular Area only for certain specified purposes (other than direct payments to classes of
individuals) may, acting through appropriate administrative authorities of such department or agency, con-
solidate any or all grants made to such area for any fiscal year or years.
(b) Any consolidated grant for any Insular Area shall not be less than the sum of all grants which such
area would otherwise be entitled to receive for such year.
(c) The funds received under a consolidated grant shall be expended in furtherance of the programs and
purposes authorized for any of the grants which are being consolidated, which are authorized under any of the
Acts administered by the department or agency making the grant, and which would be applicable to grants for
such programs and purposes in the absence of the consolidation, but the Insular Areas shall determine the
proportion of the funds granted which shall be allocated to such programs and purposes.
(d) Each department or agency making grants-in-aid shall, by regulations published in the Federal
Register, provide the method by which any Insular Area may submit (i) a single application for a consolidated
grant for any fiscal year period, but not more than one such application for a consolidated grant shall be
required by any department or agency unless notice of such requirement is transmitted to the appropriate
committees of the United States Congress together with a complete explanation of the necessity for requiring
such additional applications and (ii) a single report to such department or agency with respect to each such
consolidated grant: Provided, That nothing in this paragraph shall preclude such department or agency from
providing adequate procedures for accounting, auditing, evaluating, and reviewing any programs or activities
receiving benefits from any consolidated grant. The administering authority of any department or agency, in
its discretion, may (i) waive any requirement for matching funds otherwise required by law to be provided by
the Insular Area involved and (ii) waive the requirement that any Insular Area submit an application or report
in writing with respect to any consolidated grant.
SOURCE: Enacted by Public Law 95-134, Title V, ‘501, 91 Stat. 1164, Oct. 15, 1977; subsection (a) amended by Public Law 95-
348, ‘9, 92 Stat. 495, August 18, 1978.
48
©2005 – Government of Guam. All Rights Reserved.
‘1469d. General Technical Assistance.
(a) The Secretary of the Interior is authorized to extend to the governments of American Samoa, Guam,
the Northern Mariana Islands, the Virgin Islands, and the Trust Territory of the Pacific Islands, and their
agencies and instrumentalities, with or without reimbursement, technical assistance on subjects within the
responsibility of the respective territorial governments. Such assistance may be provided by the Secretary of
the Interior through members of his staff, reimbursements to other departments or agencies of the Federal
Government under the Economy Act (31 U.S.C. ‘686), grants to or cooperative arrangements with such
governments, agreements with the Federal agencies or agencies of State or local governments, or the
employment of private individuals, partnerships, or corporations. Technical assistance may include research,
planning assistance, studies, and demonstration projects.
(b) (Does not involve Guam.)
(c) The Secretary of Agriculture is authorized to extend, in his discretion, programs administered by the
Department of Agriculture to Guam, the Northern Mariana Islands, the Trust Territory of the Pacific Islands,
the Virgin Islands and American Samoa (hereinafter called the territories). Notwithstanding any other
provision of law, the Secretary of Agriculture is authorized to waive or modify any statutory requirements
relating to the provision of assistance under such programs when he deems it necessary in order to adapt the
programs to the needs of the respective territory; Provided, That not less than sixty days prior to extending
any program pursuant to this section or waiving or modifying any statutory requirement pursuant to this
section, the Secretary of Agriculture shall notify the Committee on Agriculture and the Committee on Interior
and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources and
the Committee on Agriculture, Nutrition, and Forestry of the Senate of the proposed action together with an
explanation of why his action is necessary and the anticipated benefits to each territory affected. Such
programs shall be carried out in cooperation with the respective governments of the territories and shall be
covered by a memorandum of understanding between the respective territorial government and the Depart-
ment of Agriculture. Any sums appropriated pursuant to this paragraph shall be allocated to the agencies of
the Department of Agriculture concerned with the administration of programs in the territories.
(d) Effective October 1, 1981, there are authorized to be appropriated such sums as may be necessary to
carry out the purposes of this section.
SOURCE: Added by ‘601 of Act of December 24, 1980, P.L. 96-597 (94 Stat. 3480).
‘1491. Radioactive Waste Storage.
(a) Prior to the granting of any license, permit, or other authorization or permission by any agency or
instrumentality of the United States to any person for the transportation of spent nuclear fuel or high-level
radioactive waste for interim, long-term, or permanent storage to or for the storage of such fuel or waste on
any territory or possession of the United States, the Secretary of the Interior is directed to transmit to the Con-
gress a detailed report on the proposed transportation or storage plan, and no such license, permit, or other
authorization or permission may be granted nor any such transportation or storage occur unless the proposed
transportation or storage plan has been specifically authorized by Act of Congress: Provided, That the
provisions of this Section shall not apply to the cleanup and rehabilitation of Bikini and Enewetak Atolls.
(b) For the purpose of this Section the words Aterritory or possession@ include the Trust Territory of the
Pacific Islands and any area not within the boundaries of the several States of the United States over which
the United States claims or exercises sovereignty.
SOURCE: Enacted by Public Law 96-205, Title VI, ‘605, March 12, 1980, 94 Stat. 90.
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF
CONSTITUTIONS FOR THE VIRGIN ISLANDS AND GUAM
49
©2005 – Government of Guam. All Rights Reserved.
Be it enacted by the Senate and House of Representatives of the United States in Congress assembled,
That the Congress, recognizing the basic democratic principle of government by the consent of the governed,
authorizes the peoples of the Virgin Islands and of Guam, respectively, to organize governments pursuant to
constitutions of their own adoption as provided in this Act.
‘2 (a) The Legislatures of the Virgin Islands and Guam, respectively, are authorized to call constitutional
conventions to draft, within the existing territorial-Federal relationship, constitutions for the local self-
government of the people of the Virgin Islands and Guam.
(b) Such constitutions shall —
(1) recognize, and be consistent with, the sovereignty of the United States over the Virgin Islands
and Guam, respectively, and the supremacy of the provisions of the Constitution, treaties, and laws of the
United States applicable to the Virgin Islands and Guam, respectively, including, but not limited to,
those provisions of the Organic Act and Revised Organic Act of the Virgin Islands and the Organic Act
of Guam which do not relate to local self-government.
(2) provide for a republican form of government, consisting of three branches: executive, legislative
and judicial;
(3) contain a bill of rights;
(4) deal with the subject matter of those provisions of the Revised Organic Act of the Virgin Islands
of 1954, as amended, and the Organic Act of Guam, as amended, respectively, which relate to local self-
government;
(5) with reference to Guam, provide that the voting franchise may be vested only in residents of
Guam who are citizens of the United States;
(6) provide for a system of local courts consistent with the provisions of the Revised Organic Act of
the Virgin Islands, as amended; and
(7) provide for a system of local courts the provisions of which shall become effective no sooner than
upon the enactment of legislation regulating the relationship between the local courts of Guam with the
Federal judicial system.
‘3 The members of the constitutional conventions shall be chosen as provided by the laws of the Virgin
Islands and Guam, respectively (enacted after the date of enactment of this Act): Provided, however, That no
person shall be eligible to be a member of the constitutional conventions, unless he is a citizen of the United
States and qualified to vote in the Virgin Islands and Guam, respectively.
‘4 The conventions shall submit to the Governor of the Virgin Islands a proposed constitution for the
Virgin Islands and to the Governor of Guam a proposed constitution for Guam which shall comply with the
requirements set forth in 2(b) above. Such constitutions shall be submitted to the President of the United
States by the Governors of the Virgin Islands and Guam.
‘5 Within sixty calendar days after the respective dates on which he has received each constitution, the
President shall transmit such constitution together with his comments to the Congress. The constitution, in
each case, shall be deemed to have been approved by the Congress within sixty legislative days (not inter-
rupted by an adjournment sine die of the Congress) after its submission by the President, unless prior to that
date the Congress has approved the constitution, or modified or amended it, in whole or in part, by joint
resolution. As so approved or modified, the constitutions shall be submitted to the qualified voters of the
Virgin Islands and Guam, respectively, for acceptance or rejection through islandwide referendums to be
conducted as provided under the laws of the Virgin Islands and Guam, respectively, (enacted after the date of
enactment of this Act). Upon approval by not less than a majority of the voters (counting only the affirmative
or negative votes) participating in such referendum, the constitutions shall become effective in accordance
with their terms.
50
©2005 – Government of Guam. All Rights Reserved.
SOURCE: Public Law 94-584, 94th Congress 90 Stat. 2899 (1976). Amended by ‘501, Act of Dec. 24, 1981, P.L. 96-597 (94 Stat.
3479).
NOTE: For a complete record of the proceedings of the Constitutional Convention of Guam, and related documents, see Guam
Constitutional Convention 1977. The Constitution of Guam submitted to Congress was rejected by the people in a referendum held
in August of 1978. No new convention has been called.
———-