48 U.S.C. § 1421 — Territory included under name Guam

Page 97 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1421 Sec. 1421b. Bill of rights. 1421c. Certain laws continued in force; modification or repeal of laws. 1421d. Salaries and allowances of officers and em- ployees. 1421e. Duty on articles. 1421f. Title to property transferred. 1421f–1. Acknowledgement 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; pre- requisites, amount, etc., remitted prior to commencement of next fiscal year. 1421i. Income tax. 1421j. Authorization of appropriations. 1421k. Designation of naval or military reservations; closed port. 1421k–1 to 1421m. Repealed. 1421n. Applicability of Federal copyright laws. 1421o. Federal assistance for fire control, watershed protection, and reforestation. 1421p. Authorization of appropriations. 1421q. Applicability of Federal laws. 1421q–1. Applicability of laws referred to in section 502(a)(1) of Covenant to Establish a Com- monwealth of the Northern Mariana Is- lands. 1421r. Port of Guam Improvement Enterprise Pro- gram. SUBCHAPTER II—THE EXECUTIVE BRANCH 1422. Governor and Lieutenant Governor; term of office; qualifications; powers and duties; an- nual report to Congress. 1422a. Removal of Governor, Lieutenant Governor, or member of legislature; referendum elec- tion. 1422b. Vacancy in office of Governor or Lieutenant Governor. 1422c. Executive agencies and instrumentalities. 1422d. Transfer of functions from government comp- troller for Guam to Inspector General, De- partment of the Interior. SUBCHAPTER III—THE LEGISLATURE 1423. Legislature of Guam. 1423a. Power of legislature; limitation on indebted- ness of Guam; bond issues; guarantees for purchase by Federal Financing Bank of Guam Power Authority bonds or other obli- gations; interest rates; default. 1423b. Selection and qualification of members; offi- cers; rules and regulations; quorum. 1423c. Privileges of members. 1423d. Oath of office. 1423e. Prohibition against acceptance of salary in- creases or newly created offices. 1423f. Qualifications of members. 1423g. Vacancies. 1423h. Regular and special sessions. 1423i. Approval of bills. 1423j. Authorization of appropriations. 1423k. Right of petition. 1423l. Omitted. SUBCHAPTER IV—THE JUDICIARY 1424. District Court of Guam; local courts; jurisdic- tion. 1424–1. Jurisdiction and powers of local courts. 1424–2. Relations between courts of United States and courts of Guam. 1424–3. Appellate jurisdiction of District Court; pro- cedure; review by United States Court of Appeals for Ninth Circuit; rules; appeals to appellate court. 1424–4. Criminal offenses; procedure; definitions. 1424a. Repealed. 1424b. Judge of District Court; appointment, tenure, removal, and compensation; appointment of United States attorney and marshal. Sec. 1424c. Review of claims respecting land on Guam. SUBCHAPTER V—PUBLIC HOUSING AND URBAN RENEWAL 1425. Omitted. 1425a. Legislative authority to create authorities; appointment of members; powers of au- thorities. 1425b. Issuance of notes, bonds, and obligations. 1425c. Authorization of loans, conveyances, etc. 1425d. Ratification of prior act. 1425e. Additional powers. 1426. Repealed. SUBCHAPTER VI—GUAM DEVELOPMENT FUND 1428. Authorization of appropriations. 1428a. Submission of plan for use of funds; contents of plan; term, interest rate, and premium charge of loan. 1428b. Prerequisite for loan or loan guarantee; max- imum participation in available funds; re- serves for loan guarantees. 1428c. Accounting procedures. 1428d. Report for inclusion in annual report by Gov- ernor. 1428e. Audit of books and records of agency, or agencies, administering loan funds. Statutory Notes and Related Subsidiaries CONSTITUTIONS FOR VIRGIN ISLANDS AND GUAM: ESTABLISHMENT; CONGRESSIONAL AUTHORIZATION Authorization for the peoples of the Virgin Islands and Guam to call constitutional conventions to draft constitutions for local self-government, see Pub. L. 94–584, Oct. 21, 1976, 90 Stat. 2899, set out as a note under section 1541 of this title. DELEGATE TO CONGRESS FROM GUAM Provisions respecting representation in Congress by a Delegate from Guam to the House of Representatives, see section 1711 et seq. of this title. SUBCHAPTER I—GENERAL PROVISIONS § 1421. Territory included under name Guam The territory ceded to the United States in ac- cordance with the provisions of the Treaty of Peace between the United States and Spain, signed at Paris, December 10, 1898, and pro- claimed April 11, 1899, and known as the island of Guam in the Marianas Islands, shall continue to be known as Guam. (Aug. 1, 1950, ch. 512, § 2, 64 Stat. 384.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE; CONTINUATION OF FEDERAL ADMINISTRATION Section 34 of act Aug. 1, 1950, provided that on the 21st day of July 1950, the authority and powers con- ferred by this chapter would come into force, and au- thorized the President, for a period not to exceed one year from Aug. 1, 1950, to continue the administration of Guam in all or in some respects as provided by law, Executive order, or local regulation in force on Aug. 1, 1950. It further authorized the President in his discre- tion to place in operation all or some of the provisions of this chapter if practicable before the expiration of the period of one year. SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–212, § 1, Aug. 21, 2002, 116 Stat. 1051, pro- vided that: ‘‘This Act [amending section 1421i of this title and enacting provisions set out as a note under Page 98 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1421a section 1421i of this title] may be cited as the ‘Guam Foreign Investment Equity Act’.’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–291, § 1, Oct. 27, 1998, 112 Stat. 2785, pro- vided that: ‘‘This Act [amending sections 1421g, 1423a, and 1423b of this title] may be cited as the ‘Guam Or- ganic Act Amendments of 1998’.’’ SHORT TITLE OF 1968 AMENDMENTS Pub. L. 90–601, § 1, Oct. 17, 1968, 82 Stat. 1172, provided that: ‘‘This Act [enacting sections 1428 to 1428e of this title] may be cited as the ‘Guam Development Fund Act of 1968’.’’ Pub. L. 90–497, § 14, Sept. 11, 1968, 82 Stat. 848, provided that: ‘‘This Act [enacting section 1422d of this title and section 335 of Title 10, Armed Forces, amending sec- tions 1421a, 1421b, 1421c, 1421d, 1421f, 1422, 1422a, 1422b, 1422c, 1423b, 1423h, and 1423i of this title, and enacting provisions set out as notes under this section and sec- tion 1422 of this title] may be cited as the ‘Guam Elec- tive Governor Act’.’’ SHORT TITLE Act Aug. 1, 1950, ch. 512, § 1, 64 Stat. 384, provided that: ‘‘This Act [enacting this chapter and amending section 703 of Title 8, Aliens and Nationality] may be cited as the ‘Organic Act of Guam’.’’ POLITICAL UNION BETWEEN TERRITORY OF GUAM AND COMMONWEALTH OF NORTHERN MARIANA ISLANDS, EF- FECTS ON RIGHTS AND ENTITLEMENTS In event of political union between Guam and the Commonwealth of the Northern Mariana Islands, there shall be no diminution of rights or entitlements, nor any adverse effects on any funds authorized or appro- priated, see section 1844 of this title. ANALYSIS OF CAPITAL INFRASTRUCTURE NEEDS OF GUAM FOR 1985 TO 1990 TIMEFRAME; REPORT TO CON- GRESS; CONTENTS Pub. L. 95–348, § 1(a)(6), Aug. 18, 1978, 92 Stat. 487, pro- vided that the Secretary prepare and transmit to the Congress no later than July 1, 1979, an analysis of the capital infrastructure needs of Guam for the 1985 to 1990 timeframe. SUBMERGED LANDS, CONVEYANCE TO TERRITORY Conveyance of submerged lands to the government of Guam, see section 1701 et seq. of this title. Executive Documents EX. ORD. NO. 10077. TRANSFER OF ADMINISTRATION OF GUAM Ex. Ord. No. 10077, eff. Sept. 7, 1949, 14 F.R. 5523, as amended by Ex. Ord. No. 10137, eff. June 30, 1950, 15 F.R. 4241, provided: 1. The administration of the Island of Guam is hereby transferred from the Secretary of the Navy to the Sec- retary of the Interior, such transfer to become effective on August 1, 1950. 2. The Department of the Navy and the Department of the Interior shall proceed with the plans for the transfer of the administration of the Island of Guam as embodied in the above mentioned memorandum of un- derstanding between the two departments. 3. When the transfer of administration made by this order becomes effective, the Secretary of the Interior shall take such action as may be necessary and appro- priate, and in harmony with applicable law, for the ad- ministration of civil government on the Island of Guam. 4. The executive departments and agencies of the Government are authorized and directed to cooperate with the Departments of the Navy and Interior in the effectuation of the provisions of this order. 5. The said Executive Order No. 108–A of December 23, 1898, is revoked, effective July 1, 1950. § 1421a. Unincorporated territory; capital; pow- ers of government; suits against government; type of government; supervision Guam is declared to be an unincorporated ter- ritory of the United States and the capital and seat of government thereof shall be located at the city of Agana, Guam. The government of Guam shall have the powers set forth in this chapter, shall have power to sue by such name, and, with the consent of the legislature evi- denced by enacted law, may be sued upon any contract entered into with respect to, or any tort committed incident to, the exercise by the government of Guam of any of its lawful powers. The government of Guam shall consist of three branches, executive, legislative, and judicial, and its relations with the Federal Government in all matters not the program responsibility of another Federal department or agency, shall be under the general administrative supervision of the Secretary of the Interior. (Aug. 1, 1950, ch. 512, § 3, 64 Stat. 384; Pub. L. 86–316, Sept. 21, 1959, 73 Stat. 588; Pub. L. 90–497, § 12(a), Sept. 11, 1968, 82 Stat. 847.) Editorial Notes AMENDMENTS 1968—Pub. L. 90–497 substituted provisions that all matters concerning Guam which are not the program responsibility of other Federal departments or agencies be under the general administrative supervision of the Secretary of the Interior for provisions that the gen- eral administrative supervision of matters concerning Guam be under the head of such civilian department or agency of the Government of the United States as the President might direct. 1959—Pub. L. 86–316 permitted government of Guam, with consent of legislature, to be sued. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT 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. § 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 gov- ernment for a redress of their grievances. (b) No soldier shall, in time of peace, be quar- tered 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 un- reasonable 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 describ- ing the place to be searched and the person or things to be seized. (d) No person shall be subject for the same of- fense to be twice put in jeopardy of punishment; nor shall he be compelled in any criminal case to be a witness against himself.