48 U.S.C. § 1422c — Executive agencies and instrumentalities

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.’’