§ 1422d TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 106

§ 1422d. Transfer of functions from government single house, to be designated the ‘‘Legislature comptroller for Guam to Inspector General, of Guam’’, herein referred to as the legislature. Department of the Interior (b) Size of legislature; prohibition against denial (a) Functions, powers, and duties transferred of equal protection; at large and district rep- The following functions, powers, and duties resentation heretofore vested in the government comptroller The legislature shall be composed of not to ex- for Guam are hereby transferred to the Inspec- ceed twenty-one members, to be known as sen- tor General, Department of the Interior, for the ators, elected at large, or elected from legisla- purpose of establishing an organization which tive districts or elected in part at large and in will maintain a satisfactory level of independent part from legislative districts, as the laws of audit oversight of the government of Guam: Guam may direct: Provided, That any districting (1) The authority to audit all accounts per- and any apportionment pursuant to this author- taining to the revenue and receipts of the gov- ization and provided for by the laws of Guam ernment of Guam, and of funds derived from shall not deny to any person in Guam the equal bond issues, and the authority to audit, in ac- protection of the laws: And provided further, cordance with law and administrative regula- That in any elections to the legislature, every tions, all expenditures of funds and property elector shall be permitted to vote for the whole pertaining to the government of Guam includ- number of at-large candidates to be elected, and ing those pertaining to trust funds held by the every elector residing in a legislative district government of Guam. shall be permitted to vote for the whole number (2) The authority to report to the Secretary of candidates to be elected within that district. of the Interior and the Governor of Guam all failures to collect amounts due the govern- (c) Reapportionment; Federal census base ment, and expenditures of funds or uses of Any districting and related apportionment property which are irregular or not pursuant pursuant to this section shall be based upon the to law. then most recent Federal population census of (b) Scope of authority transferred Guam, and any such districting and apportion- The authority granted in paragraph (a) of this ment shall be reexamined following each succes- section shall extend to all activities of the gov- sive Federal population census of Guam and ernment of Guam, and shall be in addition to shall be modified, if necessary, to be consistent the authority conferred upon the Inspector Gen- with that census. eral by the Inspector General Act of 1978 (92 (d) Timing of biennial elections Stat. 1101), as amended. General elections to the legislature shall be (c) Transfer of personnel, assets, etc., of office of held on the Tuesday next after the first Monday government comptroller for Guam to Office in November, biennially in even-numbered of Inspector General, Department of the Inte- years. The legislature in all respects shall be or- rior ganized and shall sit according to the laws of In order to carry out the provisions of this sec- Guam. tion, the personnel, assets, liabilities, contracts, (Aug. 1, 1950, ch. 512, § 10, 64 Stat. 387; Pub. L. property, records, and unexpended balances of 89–552, § 1, Sept. 2, 1966, 80 Stat. 375; Pub. L. appropriations, authorizations, allocations, and 98–213, § 5(b), Dec. 8, 1983, 97 Stat. 1460.) other funds employed, held, used, arising from, available or to be made available, of the office of AMENDMENTS the government comptroller for Guam related to 1983—Subsec. (c). Pub. L. 98–213 substituted ‘‘Any’’ for its audit function are hereby transferred to the ‘‘The laws of Guam shall not alter the manner in which Office of Inspector General, Department of the members of the legislature are to be elected as provided Interior. in subsection (b) of this section more often than at ten- year intervals: Provided, That any’’. (Aug. 1, 1950, ch. 512, § 9–A, as added Pub. L. 1966—Pub. L. 89–552 authorized election of senators in 97–357, title I, § 104(b), Oct. 19, 1982, 96 Stat. 1706.) whole or in part from legislative districts if the laws of REFERENCES IN TEXT Guam so directed, provided that the legislators be called senators, prohibited any districting or appor- The Inspector General Act of 1978, referred to in sub- tionment which denied equal protection of the laws to sec. (b), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, as any person in Guam, required that electors be per- amended, which is set out in the Appendix to Title 5, mitted to vote for the whole number of candidates to be Government Organization and Employees. elected both within his district and at large, prohibited PRIOR PROVISIONS reapportionment oftener than at 10-year intervals, and required that any redistricting be based upon the latest A prior section 1422d, act Aug. 1, 1950, ch. 512, § 9–A, Federal census. 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 AMENDMENT OF LAWS OF GUAM TO CONFORM TO Stat. 1161, related to the creation, auditing function, CHANGES MADE BY PUB. L. 89–552 and reporting duty of the office of a government comp- troller for Guam, prior to repeal by Pub. L. 97–357, Pub. L. 89–552, § 2, Sept. 2, 1966, 80 Stat. 376, provided § 104(b). that: ‘‘As soon as practicable after enactment of this Act [Sept. 2, 1966], and subject to the conditions and re- SUBCHAPTER III—THE LEGISLATURE quirements of section 10 of the Organic Act of Guam, as amended by section 1 hereof [this section], the laws of § 1423. Legislature of Guam Guam shall be amended to make provision for the man- (a) Unicameral nature; power ner of the election of members of the legislature. Until the laws of Guam shall make such provision the meth- The legislative power and authority of Guam od of electing the legislature shall remain as it is upon shall be vested in a legislature, consisting of a the date of enactment of this Act.’’ Page 107 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1423a

§ 1423a. Power of legislature; limitation on in- section 2285 of title 12. At the request of the debtedness of Guam; bond issues; guarantees Board of Directors of the Guam Power Author- for purchase by Federal Financing Bank of ity for a second refinancing agreement and con- Guam Power Authority bonds or other obli- ditioned on the approval of the Government of gations; interest rates; default Guam pursuant to the law of Guam, and condi- tioned on the establishment of an independent The legislative power of Guam shall extend to rate-making authority by the Government of all rightful subjects of legislation not inconsist- Guam, the Secretary may guarantee for pur- ent with the provisions of this chapter and the chase by the Federal Financing Bank, on or be- laws of the United States applicable to Guam. fore December 31, 1984, according to an agree- Taxes and assessments on property, internal ment that shall provide for— revenues, sales, license fees, and royalties for (a) substantially equal semiannual install- franchises, privileges, and concessions may be ments of principal and interest; imposed for purposes of the government of (b) maturity of obligations no later than De- Guam as may be uniformly provided by the Leg- cember 31, 2004; islature of Guam, and when necessary to antici- (c) authority for the Secretary, should there pate taxes and revenues, bonds and other obliga- be a violation of a provision of this legislation, tions may be issued by the government of Guam: or covenants or stipulations contained in the Provided, however, That no public indebtedness refinancing document and after giving sixty of Guam shall be authorized or allowed in excess days notice of such violation to the Guam of 10 per centum of the aggregate tax valuation Power Authority and the Governor of Guam, of the property in Guam. Bonds or other obliga- to dismiss members of the Board of Directors tions of the government of Guam payable solely or the general manager of the Guam Power from revenues derived from any public improve- Authority, and (1) appoint in their place mem- ment or undertaking shall not be considered bers or a general manager who shall serve at public indebtedness of Guam within the meaning the pleasure of the Secretary, or (2) contract of this section. All bonds issued by the govern- for the management of the Guam Power Au- ment of Guam or by its authority shall be ex- thority; and empt, as to principal and interest, from taxation (d) an annual simple interest rate of seven by the Government of the United States or by per centum; and the government of Guam, or by any State or the Federal Financing Bank shall purchase such Territory or any political subdivision thereof, or Guam Power Authority obligations if such by the District of Columbia. The Secretary of Guam Power Authority obligations are issued to the Interior (hereafter in this section referred to refinance the principal amount scheduled to ma- as ‘‘Secretary’’) is authorized to guarantee for ture on December 31, 1990. Should such second purchase by the Federal Financing Bank bonds refinancing occur, (1) the independent rate-mak- or other obligations of the Guam Power Author- ing authority to be established by the Govern- ity maturing on or before December 31, 1978, ment of Guam, or in its absence, the Board of which shall be issued in order to refinance short- Directors of the Guam Power Authority, shall term notes due or existing on June 1, 1976 and establish rates sufficient to satisfy all financial other indebtedness not evidenced by bonds or obligations and future capital investment needs notes in an aggregate amount of not more than of the Guam Power Authority that shall be con- $36 million, and such bank, in addition to its sistent with generally accepted rate-making other powers, is authorized to purchase, receive practices of public utilities, and (2) the Govern- or otherwise acquire these same. The interest ment of Guam shall not modify the require- rate on obligations purchased by the Federal Fi- ments of such refinancing agreement without nancing Bank shall be not less than a rate deter- agreement of the Secretary. There are author- mined by the Secretary of the Treasury taking ized to be appropriated to the Secretary of the into consideration the current average market Interior for payment to the Federal Financing yield on outstanding marketable obligations of Bank such sums as are necessary to pay (1) the the United States of comparable maturities, ad- repurchase payment required under the fifth justed to the nearest one-eighth of 1 per centum, paragraph of the December 31, 1980, note from plus 1 per centum per annum. The Secretary, the Guam Power Authority to the Federal Fi- with the concurrence of the Secretary of the nancing Bank and any subsequent repurchase Treasury, may extend the guarantee provision payments required under the second refinancing of the previous sentence until December 31, 1980. agreement, and (2) the interest rate differential The Secretary, upon determining that the Guam between the seven per centum to be paid by the Power Authority is unable to refinance on rea- Guam Power Authority and the second refinanc- sonable terms the obligations purchased by the ing agreement and the interest rate that would Federal Financing Bank under the fifth sentence otherwise be determined in accordance with the of this section by December 31, 1980, may, with above cited section 2285 of title 12. Should the the concurrence of the Secretary of the Treas- Guam Power Authority fail to pay in full any in- ury, guarantee for purchase by the Federal Fi- stallment of interest or principal when due on nancing Bank; and such bank is authorized to the bonds or other obligations guaranteed under purchase, obligations of the Guam Power Au- this section, the Secretary of the Treasury, upon thority issued to refinance the principal amount notice from the Secretary shall deduct and pay of the obligations guaranteed under the fifth to the Federal Financing Bank or the Secretary, sentence of this section. The obligations that re- according to their respective interests, such un- finance such principal amount shall mature not paid amounts from sums collected and payable later than December 31, 1990, and shall bear in- pursuant to section 1421h of this title. Notwith- terest at a rate determined in accordance with standing any other provision of law, Acts mak-