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Title 48 — Territories and Insular Possessions

Chapter 8A — Guam

§ 1421g. Establishment and maintenance of public bodies and offices

Statutory text

(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.

(b)

Public educational 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)

Attorney General

(1)

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 1422d of this title 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 filled—

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Organic Act of Guam

    Pub. L. 81–512 § 29 · 64 Stat. 384

    Enacted · 48 U.S.C. § 1421g

    Aug. 1, 1950, ch. 512, § 29, 64 Stat. 392

    Source evidence

    Code source credit
    Aug. 1, 1950, ch. 512, § 29, 64 Stat. 392

    Enacted provision · exact public law section
    Sec. 29. (a) Subject to the laws of Guam, the Governor shall Public-health services. 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. (b) The Governor shall provide an adequate public educational Public education. system of Guam, and to that end shall establish, maintain, and operate public schools at such places in Guam as may be necessary.

  2. Pub. L. 99–396 § 13(a)(1) · 100 Stat. 837

    Substituted · 48 U.S.C. § 1421g(b)

    Pub. L. 99–396, § 13(a)(1), substituted “according to the laws of Guam” for “at such places in Guam as may be necessary”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–396, § 13(a)(1), substituted “according to the laws of Guam” for “at such places in Guam as may be necessary”.

    Enacted provision · exact public law section
    (1) by striking “at such places” and all thereafter in subsection (b) and inserting in lieu thereof “according to the laws of Guam.”; and

  3. Pub. L. 99–396 § 5 · 100 Stat. 837

    Substituted · 48 U.S.C. § 1421g(b)

    Pub. L. 99–396, § 5, substituted “Government of Guam” for “Governor”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–396, § 5, substituted “Government of Guam” for “Governor”.

    Enacted provision · exact public law section
    Sec. 5. Section 29(b) of the Organic Act of Guam (64 Stat. 392) is 48 USC 1421g. amended by striking out “Governor” and inserting in lieu thereof “Government of Guam”.

  4. Pub. L. 99–396 § 13(a)(2) · 100 Stat. 837

    Added · 48 U.S.C. § 1421g(c)

    Pub. L. 99–396, § 13(a)(2), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–396, § 13(a)(2), added subsec. (c).

    Enacted provision · exact public law section
    (2) by adding the following new subsection at the end thereof: “(c) 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.”.

  5. Guam Organic Act Amendments of 1998

    Pub. L. 105–291 § 2 · 112 Stat. 2785

    Added · 48 U.S.C. § 1421g(d)

    Pub. L. 105–291 added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 105–291 added subsec. (d).

    Enacted provision · exact public law section
    SEC. 2. ATTORNEY GENERAL OF GUAM. Section 29 of the Organic Act of Guam (48 U.S.C. 1421g) is amended by adding at the end the following new subsection: “(d) (1) 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 9–A 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 filled— “(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.”.

5 of 5 references resolved to an enrolled provision

Editorial Notes

Amendments1986–1998 · 2 rounds

1998

Subsec. (d). Pub. L. 105–291 added subsec. (d).

1986

Subsec. (b). Pub. L. 99–396, § 13(a)(1), substituted “according to the laws of Guam” for “at such places in Guam as may be necessary”.

Pub. L. 99–396, § 5, substituted “Government of Guam” for “Governor”.

Subsec. (c). Pub. L. 99–396, § 13(a)(2), added subsec. (c).

Credits

1950–1998 · 3 acts
  1. 1950Aug. 1, 1950, ch. 512, § 29, 64 Stat. 392
  2. 1986Pub. L. 99–396, §§ 5, 13, , 100 Stat. 839, 842
  3. 1998Pub. L. 105–291, § 2, , 112 Stat. 2785.
Show as published

(Aug. 1, 1950, ch. 512, § 29, 64 Stat. 392; Pub. L. 99–396, §§ 5, 13, , 100 Stat. 839, 842; Pub. L. 105–291, § 2, , 112 Stat. 2785.)

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