48 U.S.C. § 1422d — Transfer of functions from government

Page 110 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1422c Governor on Nov. 3, 1970, effective Jan. 1, 1970, and all other amendments unless otherwise provided effective Jan. 4, 1971, see section 13 of Pub. L. 90–497, set out as a note under section 1422 of this title. § 1422c. Executive agencies and instrumentalities (a) Appointment of heads; establishment of merit system; Civil Service Commission The Governor shall, except as otherwise pro- vided in this chapter or the laws of Guam, ap- point, by and with the advice and consent of the legislature, all heads of executive agencies and instrumentalities. The legislature shall estab- lish a merit system and, as far as practicable, appointments and promotions shall be made in accordance with such merit system. The Gov- ernment of Guam may by law establish a Civil Service Commission to administer the merit system. Members of the commission may be re- moved as provided by the laws of Guam. (b) Powers and duties of officers All officers shall have such powers and duties as may be conferred or imposed on them by law or by executive regulation of the Governor not inconsistent with any law. (c) Reorganization The Governor shall, from time to time, exam- ine the organization of the executive branch of the government of Guam, and shall determine and carry out such changes therein as are nec- essary 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 quali- fied. (Aug. 1, 1950, ch. 512, § 9, 64 Stat. 387; Pub. L. 90–497, § 4, Sept. 11, 1968, 82 Stat. 845; Pub. L. 99–396, § 18(a), Aug. 27, 1986, 100 Stat. 843.) Editorial Notes AMENDMENTS 1986—Subsec. (a). Pub. L. 99–396 inserted provisions authorizing establishment of Civil Service Commission and removal of commission members as provided by laws of Guam. 1968—Subsec. (a). Pub. L. 90–497, § 4(a), struck out re- quirement that, in making appointments, preference be given persons of Guamanian ancestry and that opportu- nities for higher education and use of service training facilities be provided to qualified persons of Guamanian ancestry. Subsec. (b). Pub. L. 90–497, § 4(b), struck out provision authorizing the Governor to appoint or remove any of- ficer whose appointment or removal is not otherwise provided for. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Pub. L 90–497, § 4(a), Sept. 11, 1968, 82 Stat. 845, pro- vided that the amendment made by such section 4(a) is effective on date of enactment of Pub. L. 90–497, which was approved on Sept. 11, 1968. Amendment by Pub. L. 90–497 necessary to authorize the holding of an election for Governor and Lieutenant Governor on Nov. 3, 1970, effective Jan. 1, 1970, and all other amendments unless otherwise provided effective Jan. 4, 1971, see section 13 of Pub. L. 90–497, set out as a note under section 1422 of this title. § 1422d. Transfer of functions from government comptroller for Guam to Inspector General, Department of the Interior (a) Functions, powers, and duties transferred The following functions, powers, and duties heretofore vested in the government comptroller for Guam are hereby transferred to the Inspec- tor General, Department of the Interior, for the purpose of establishing an organization which will maintain a satisfactory level of independent audit oversight of the government of Guam: (1) The authority to audit all accounts per- taining to the revenue and receipts of the gov- ernment of Guam, and of funds derived from bond issues, and the authority to audit, in ac- cordance with law and administrative regula- tions, all expenditures of funds and property pertaining to the government of Guam includ- ing 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 govern- ment, 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 chapter 4 of title 5. (c) Transfer of personnel, assets, etc., of office of government comptroller for Guam to Office of Inspector General, Department of the Inte- rior In order to carry out the provisions of this sec- tion, the personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available, of the office of the government comptroller for Guam related to its audit function are hereby transferred to the Office of Inspector General, Department of the Interior. (Aug. 1, 1950, ch. 512, § 9–A, as added Pub. L. 97–357, title I, § 104(b), Oct. 19, 1982, 96 Stat. 1706; amended Pub. L. 117–286, § 4(b)(91), Dec. 27, 2022, 136 Stat. 4352.) Editorial Notes PRIOR PROVISIONS A prior section 1422d, act Aug. 1, 1950, ch. 512, § 9–A, as added Sept. 11, 1968, Pub. L. 90–497, § 5, 82 Stat. 845; amended Oct. 15, 1977, Pub. L. 95–134, title II, § 203(a), 91 Stat. 1161, related to the creation, auditing function, and reporting duty of the office of a government comp- troller for Guam, prior to repeal by Pub. L. 97–357, § 104(b). AMENDMENTS 2022—Subsec. (b). Pub. L. 117–286 substituted ‘‘chapter 4 of title 5.’’ for ‘‘the Inspector General Act of 1978 (92 Stat. 1101), as amended.’’ Page 111 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1423a SUBCHAPTER III—THE LEGISLATURE § 1423. Legislature of Guam (a) Unicameral nature; power The legislative power and authority of Guam shall be vested in a legislature, consisting of a single house, to be designated the ‘‘Legislature of Guam’’, herein referred to as the legislature. (b) Size of legislature; prohibition against denial of equal protection; at large and district rep- resentation The legislature shall be composed of not to ex- ceed twenty-one members, to be known as sen- ators, elected at large, or elected from legisla- tive 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 author- ization 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 apportion- ment shall be reexamined following each succes- sive 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 or- ganized and shall sit according to the laws of Guam. (Aug. 1, 1950, ch. 512, § 10, 64 Stat. 387; Pub. L. 89–552, § 1, Sept. 2, 1966, 80 Stat. 375; Pub. L. 98–213, § 5(b), Dec. 8, 1983, 97 Stat. 1460.) Editorial Notes AMENDMENTS 1983—Subsec. (c). Pub. L. 98–213 substituted ‘‘Any’’ for ‘‘The laws of Guam shall not alter the manner in which members of the legislature are to be elected as provided in subsection (b) of this section more often than at ten- year intervals: Provided, That any’’. 1966—Pub. L. 89–552 authorized election of senators in whole or in part from legislative districts if the laws of Guam so directed, provided that the legislators be called senators, prohibited any districting or appor- tionment which denied equal protection of the laws to any person in Guam, required that electors be per- mitted to vote for the whole number of candidates to be elected both within his district and at large, prohibited reapportionment oftener than at 10-year intervals, and required that any redistricting be based upon the latest Federal census. Statutory Notes and Related Subsidiaries AMENDMENT OF LAWS OF GUAM TO CONFORM TO CHANGES MADE BY PUB. L. 89–552 Pub. L. 89–552, § 2, Sept. 2, 1966, 80 Stat. 376, provided that: ‘‘As soon as practicable after enactment of this Act [Sept. 2, 1966], and subject to the conditions and re- quirements of section 10 of the Organic Act of Guam, as amended by section 1 hereof [this section], the laws of Guam shall be amended to make provision for the man- ner of the election of members of the legislature. Until the laws of Guam shall make such provision the meth- od of electing the legislature shall remain as it is upon the date of enactment of this Act.’’ § 1423a. Power of legislature; limitation on in- debtedness of Guam; bond issues; guarantees for purchase by Federal Financing Bank of Guam Power Authority bonds or other obli- gations; interest rates; default The legislative power of Guam shall extend to all rightful subjects of legislation not incon- sistent with the provisions of this chapter and the laws of the United States applicable to Guam. Taxes and assessments on property, in- ternal revenues, sales, license fees, and royalties for franchises, privileges, and concessions may be imposed for purposes of the government of Guam as may be uniformly provided by the Leg- islature of Guam, and when necessary to antici- pate taxes and revenues, bonds and other obliga- tions 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 obliga- tions of the government of Guam payable solely from revenues derived from any public improve- ment or undertaking shall not be considered public indebtedness of Guam within the meaning of this section. All bonds issued by the govern- ment of Guam or by its authority shall be ex- empt, 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 (hereafter in this section referred to as ‘‘Secretary’’) is authorized to guarantee for purchase by the Federal Financing Bank bonds or other obligations of the Guam Power Author- ity maturing on or before December 31, 1978, which shall be issued in order to refinance short- term notes due or existing on June 1, 1976 and other indebtedness not evidenced by bonds or notes in an aggregate amount of not more than $36 million, and such bank, in addition to its other powers, is authorized to purchase, receive or otherwise acquire these same. The interest rate on obligations purchased by the Federal Fi- nancing Bank shall be not less than a rate deter- mined 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, ad- justed 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 31, 1980. The Secretary, upon determining that the Guam Power Authority is unable to refinance on rea-