(s) No religious test shall ever be required as a qualification to any office or public trust under the government of Guam.

(t) No person who advocates, or who aids or belongs to any party, organization, or association which advocates, the overthrow by force or violence of the government of Guam or of the United States shall be qualified to hold any public office of trust or profit under the government of Guam.

(u) The provisions of paragraph 1 of section 2 of article IV and section 1 of amendment XIV of the Constitution of the United States shall have the same force and effect within the unincorporated Territory of Guam as in the United States or in any State of the United States.

THE EXECUTIVE

[SEC. 6. (a) The executive authority of the government of Guam shall be vested in an executive officer, whose title shall be "Governor of Guam", and shall be exercised under the supervision of the head of the department or agency referred to in section 3 of this Act. The Governor shall be appointed by the President, by and with the advice and consent of the Senate of the United States, and shall hold his office for four years and until his successor is appointed and qualified. The Governor shall be a civilian or a retired officer of the armed forces of the United States. He shall reside in Guam during his incumbency.

[(b) The Governor shall have general supervision and control of all executive agencies and instrumentalities of the government of Guam. He shall faithfully execute the laws of the United States Applicable to Guam, and the laws of Guam. He may grant pardons and reprieves and remit fines and forfeitures for offenses against the local laws, and may grant respites for all offenses against the applicable laws of the United States until the decision of the President can be ascertained. He may veto any legislation as provided in this Act. He shall commission all officers that he may be authorized to appoint. He may call upon the commanders of the armed forces of the United States in Guam, or summon the posse comitatus or call out the militia, to prevent or suppress violence, insurrection, or rebellion; and he may, in case of rebellion, invasion, or imminent danger thereof, when the public safety requires it, suspend the privilege of the writ of habeas corpus, or place Guam, or any part thereof, under martial law, until communication can be had with the President and the President's decision thereon communicated to the Governor. He shall annually, and at such other times as the President or the Congress may require, make official report of the transactions of the government of Guam to the head of the department or agency designated by the President under section 3 of this Act, and his said annual report shall be transmitted by such department or agency to the Congress. He shall perform such additional duties and functions as may, in pursuance of law, be delegated to him by the President, or by the department or agency. He shall have the power to issue executive regulations not in conflict with any applicable law. The Governor may submit such recommendations for the enactment of legislation to the legislature as he shall consider to be in the people's interest.

[(c) The Governor shall coordinate and have general cognizance over all activities of a civil nature of the departments, bureaus, and offices of the Government of the United States in Guam.]

SEC. 6. The executive power of Guam shall be vested in an executive officer whose official title shall be the "Governor of Guam". The Governor of Guam, together with the Lieutenant Governor, shall be elected by a majority of the votes cast by the people who are qualified to vote for the members of the Legislature of Guam. The Governor and Lieutenant Governor shall be chosen jointly, by the casting by each voter of a single vote applicable to both offices. If no candidates receive a majority of the votes cast in any election, on the fourteenth day thereafter a runoff election shall be held between the candidates for Governor and Lieutenant Governor receiving the highest and second highest number of votes cast. The first election for Governor and Lieutenant Governor shall be held on November 8, 1966. Thereafter, beginning with the year 1968, the Governor and Lieutenant Governor shall be elected every two years at the general election. The Governor and Lieutenant Governor shall hold office for a term of two years and until their successors are elected and qualified. The term of the elected Governor and Lieutenant Governor shall commence on the fifth day of January following the date of election.

No person shall be eligible for election to the office of Governor or Lieutenant Governor unless he is able to read and write the English language, is and has been for five consecutive years immediately preceding the election a citizen of the United States and a bona fide resident of Guam and will be, at the time of taking office, at least thirty years of age. The Governor shall maintain his official residence in Guam during his incumbency.

The Governor shall have general supervision and control of all the departments, bureaus, agencies, and other instrumentalities of the executive branch of the government of Guam. He may grant pardons and reprieves and remit fines and forfeitures for offenses against local laws. He may veto any legislation as provided in this Act. He shall appoint, and may remove, all officers and employees of the executive branch of the government of Guam, except as otherwise provided in this or any other Act of Congress, or under the laws of Guam, and shall commission all officers that he may by authorized to appoint. He shall be responsible for the faithful execution of the laws of Guam and the laws of the United States applicable in Guam. Whenever it becomes necessary, in case of disaster, invasion, insurrection, or rebellion, or imminent danger thereof, or to prevent or suppress lawless violence, he may summon the posse comitatus or call out the militia or request assistance of the senior military or naval commander of the Armed Forces of the United States in Guam, which may be given at the discretion of such military commander if not disruptive of, or inconsistent with, his Federal responsibilities. He may, in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, proclaim the island, or any part thereof, under martial law. The members of the legislature shall meet forthwith on their own initiative and may, by a two-thirds vote, revoke such proclamation.

The Governor shall make to the head of the department or agency designated by the President under section 3 of this Act an annual report of the transaction of the Government of Guam for transmission to the Congress and such other reports at such other times as may be required by the Congress or under applicable Federal law. He shall have the power to issue executive orders and regulations not in conflict with any applicable law. He may recommend bills to the legislature and give expression to his views on any matter before that body.

There is hereby established the Office of Lieutenant Governor of Guam. The Lieutenant Governor shall have such executive powers and perform such duties as may be assigned to him by the Governor or prescribed by this Act or under the laws of Guam. [SEC. 7. The President shall appoint a Secretary of Guam, who shall have all the powers of the Governor in the case of a vacancy in the office of Governor or the disability or temporary absence of the Governor. He shall have custody of the seal of Guam and shall countersign and affix such seal to all executive proclamations and all other executive documents. He shall record and preserve the laws enacted by the legislature. He shall promulgate all proclamations and orders of the Governor and all laws enacted by the legislature. He shall have all such executive powers and perform such other duties as may be prescribed by this Act or assigned to him by the Governor. He shall hold office for four years and until his successor is appointed and has qualified.]

The

SEC. 7. The Governor, Lieutenant Governor, and Acting Governor of Guam shall be removable from office on impeachment for, and conviction of, high crimes and misdemeanors. Impeachment shall be by resolution adopted at an open session of the legislature held not less than fifteen days after introduction of the resolution. vote on any such resolution shall be by the yeas and nays and the affirmative votes of at least three-quarters of the full membership of the legislature shall be requisite for its adoption. Notice of impeachment, which shall include the articles of peachment, shall be filed by the Speaker of the legislature with the clerk of the District Court of Guam who shall forthwith cause a true copy thereof to be served upon the person impeached. The judge of the district court shall notify the chief judge of the United States Court of Appeals for the Ninth Circuit who shall assign three judges of said circuit to try the impeachment at such time and at such place in Guam as may be specified by said chief judge. Judgment by such court shall be final and not reviewable in any other court and in case of conviction shall extend no further than removal from office and disqualification to hold and enjoy any office of honor, profit, or trust under the government of Guam, but the party impeached, whether convicted or acquitted, shall be liable to prosecution and punishment according to law. No officer shall exercise his official duties from the time he has been impeached and notified thereof until he has been acquitted.

[SEC. 8. The head of the department or agency designated by the President under section 3 of this Act may from time to time designate the head of an executive department of the government of Guam or other person to act as Governor in case of a vacancy in the office, or the disability or temporary absence of both the Governor and the Secretary, and the person so designated shall have all the powers of the Governor for as long as such condition continues. The Governor or Acting Governor may from time to time designate an officer or employee of the executive branch of the government of Guam to act as secretary of Guam in case of a vacancy in the office of secretary of Guam or the disability or temporary absence of the secretary of Guam or while the secretary is acting as G mor,

and the person so designated shall have all the powers of the secretary so long as such condition continues, except for the power set forth in the first sentence of section 7 of this Act. No additional compensation shall be paid to any person acting as Governor or as secretary under this Act.]

SEC. 8. (a) In case of the temporary disability or temporary absence of the Governor, the Lieutenant Governor shall have the powers of the Governor.

(b) In case of a permanent vacancy in the Office of Governor, arising by reason of the death, resignation, removal by impeachment, or permanent disability of the Governor, or the death, resignation, or permanent disability of a Governor-elect, or for any other reason, the Lieutenant Governor or Lieutenant Governor-elect shall become the Governor, to hold office for the unexpired term and until his successor shall have been duly elected and qualified at the next regular election for Governor.

(c) In case of the temporary disability or temporary absence of the Lieutenant Governor, or during any period when the Lieutenant Governor is acting as Governor, the Speaker of the Guam Legislature shall act as Lieutenant Governor.

(d) In case of the permanent vacancy in the Office of Lieutenant Governor, arising by reason of the death, resignation, removal by impeachment, or permanent disability of the Lieutenant Governor, or because the Lieutenant Governor or Lieutenant Governorelect has succeeded to the office of Governor, the Governor shall appoint a new Lieutenant Governor, with the advice and consent of the legislature, to hold office for the unexpired term and until his successor shall have been duly elected and qualified at the next regular election for Lieutenant Governor.

(e) In case of the temporary disability or temporary absence of both the Governor and the Lieutenant Governor, the powers of the Governor shall be exercised, as Acting Governor, by such person as the laws of Guam may prescribed. In case of a permanent vacancy in the offices of both the Governor and Lieutenant Governor, the office of Governor shall be filled for the unexpired term in the manner prescribed by the laws of Guam.

(f) No additional compensation shall be paid to any person acting as Governor or Lieutenant Governor who does not also assume the Office of Governor or Lieutenant Governor under the provisions of this Act.

SEC. 9. (a) The Governor shall, except as otherwise provided in this Act or the laws of Guam, appoint, by and with the advice and consent of the legislature, all heads of executive agencies and instrumentalities. [In making appointments and promotions, preference shall be given to qualified persons of Guamanian ancestry. With a view to insuring the fullest participation by Guamanians in the government of Guam, opportunities for higher education and in-service training facilities shall be provided to qualified persons of Guamanian ancestry.] The legislature shall establish a merit system and, as far as practicable, appointments and promotions shall be made in accordance with such merit system.

(b) The Governor may appoint or remove any officer whose appointment or removal is not otherwise provided for.] 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) The Governor shall, from time to time, examine the organization of the executive branch of the government of Guam, and shall determine and carry out such changes therein as are necessary to promote effective management and to execute faithfully the purposes of this Act and the laws of Guam.

(d) All persons holding office in Guam on the date of enactment of this Act may, except as otherwise provided in this Act, continue to hold their respective offices until their successors are appointed and qualified.

SEC. 19. Every bill passed by the legislature shall, before it becomes a law, be entered upon the journal and presented to the Governor. If he approves it, he shall sign it, but if not he shall, except as hereinafter provided, return it, with his objections, to the legislature within ten days (Sundays excepted) after it shall have been presented to him. If he does not return it within such period, it shall be a law in like manner as if he had signed it, unless the legislature by adjournment prevents its return, in which case it shall be a law if signed by the Governor within thirty days after it shall have been presented to him; otherwise it shall not be a law. When a bill is returned by the Governor to the legislature with his objections, the legislature shall enter his objections at large on its journal and proceed to reconsider it. [If, after such reconsideration, two-thirds of the legislature agree to pass it, it shall be sent to the Governor. If he then approves it, he shall sign it; if not, he shall within ten days transmit it to the President of the United States. If the President of the United States approves it, he shall sign it. If he shall not approve it, he shall return it to the Governor so stating, and

it shall not be a law. If he neither approves it nor disapproves it within ninety days from the date of transmittal to him by the Governor, it shall be a law in like manner as if he had signed it.] If, after such reconsideration, two-thirds of all members of the legislature pass the bill, it shall be a law. If any bill presented to the Governor contains several items of appropriation of money, he may object to one or more of such items, or any part or parts, portion or portions thereof, while approving the other items, parts, or portions of the bill. In such a case he shall append to the bill, at the time of signing it, a statement of the items, or parts or portions thereof, to which he objects, and the items, or parts or portions thereof, so objected to shall not take effect. All laws enacted by the legislature shall be reported by the Governor to the head of the department or agency designated by the President under section 3 of this Act, and by him to the Congress of the United States, which reserves the power and authority to annul the same. If any such law is not annulled by the Congress of the United States within one year of the date of its receipt by that body, it shall be deemed to have been approved.

[SEC. 26. (a) The Governor shall receive an annual salary at the rate provided for the Governor of the Virgin Islands in the Executive Pay Act of 1949, as heretofore or hereafter amended, to be paid by the United States: Provided, That if the Governor shall be a retired officer of the armed forces of the United States the pay which he shall receive as Governor shall be his pay and allowances as such officer plus such sum as will total the equivalent of the compensation for a civilian Governor.

[(b) The Secretary of Guam shall receive an annual salary to be paid by the United States at a rate established in accordance with the standards provided in the Classification Act of 1949.

[(c) All officers and employees of the government of Guam shall, if their homes be outside Guam, be entitled to transportation at the expense of the United States for themselves, their immediate families, and their household effects, from their homes to Guam upon their appointment and from Guam to their homes upon completion of their duties: Provided, That such transportation other than that incident to initial appointment shall not be required to be furnished unless they shall have served in Guam for at least two years, unless separated for reasons beyond their control. They shall accrue leave in accordance with the Leave Act of the United States, and once during every two years shall be entitled to transportation at the expense of the United States for themselves and their immediate families from Guam to their homes and return. For purposes of transportation to their homes and return, they shall be allowed travel time not in excess of thirty days without charge against annual leave and during such travel time they shall be paid their salaries as prescribed by this Act or the laws of Guam. Transportation shall be by the shortest and most direct route. During their term of duty in Guam they shall each be entitled to receive appropriate quarters to be furnished by the United States at established rentals.

[(d) All officers and employees of the government of Guam, whose salaries are not fixed by this Act, shall be paid such compensation and shall receive such additional allowances or benefits as may be fixed under the laws of Guam, or, in case they be employees or officers of the department or agency designated by the President under section 3 of this Act, as fixed by or under the rules and regulations of, or applicable to, such department or agency while detailed to serve with the government of Guam. If any official or employee of the government of Guam be a person in the armed forces of the United States, either in active, retired, or reserve status, his employment by the government of Guam and any service thereunder, shall not, in the discretion of the President, operate to affect adversely his rights to duty status, pay, retirement, or other benefits.

fated

d

[(e) Each member of the legislature shall be paid the sum of $15 for each day that the legislature is in session, regular or special, out of sums to be a annually by the Congress. All other legislative expenses shall b by, and paid out of funds of, the government of Guam.] SEC. 26. The salaries and travel allowances of the Governor, Li the heads of the executive departments, other officers and employees of Guam and the members of the legislature, shall be paid by the gover rates prescribed by the laws of Guam.

GENERAL MILITARY LAW (70A STAT. 15; 10 U.S.C. 331)

CHAPTER 15.-INSURRECTION

SEC. 335. For purposes of this chapter, "State" includes the unincorporated Territory of Guam.

Hon. WAYNE N. ASPINALL,

OFFICE OF THE DEPUTY ATTORNEY GENERAL,

Washington, D.C., May 16, 1966.

Chairman, Committee on Interior and Insular Affairs,

House of Representatives,
Washington, D.C.

DEAR MR. CHAIRMAN: This is in response to your request for the views of the Department of Justice on whether the enactment of H.R. 11775 and H. R. 11777 would, respectively, affect the status of Guam or the Virgin Islands as unincorporated territories of the United States.

H.R. 11775 would provide for the popular election of the Governor and of the Lieutenant Governor of Guam and for the removal of the Governor or Acting Governor of Guam by the President of the United States or by a recall referendum. H.R. 11777 would provide similarly with respect to the Virgin Islands. The legislation appears to follow the precedent established by the Act of August 5, 1947 (61 Stat. 770) which provided for the popular election of the Governor of Puerto Rico.

In our judgment the enactment of these bills would not affect the present status of Guam and the Virgin Islands.

Section 3 of the Act of August 1, 1950 (64 Stat. 384; 48 U.S.C. 1421a) declared Guam and unincorporated territory of the United States. Section 2 of the Act of July 22, 1954 (68 Stat. 497; 48 U.S.C. 1541) similarly declared the Virgin Islands an unincorporated territory of the United States.

In Balzac v. People of Porto Rico, 258 U.S. 291 (1922), the Supreme Court held that the Organic Act for Porto Rico of March 2, 1917 (39 Stat. 951), did not have the effect of incorporating Porto Rico into the United States. The Court's reasoning would appear to be pertinent to the Committee's present question. On page 306 of the opinion the Court stated:

Had Congress intended to take the important step of changing the treaty status of Porto Rico by incorporating it into the Union, it is reasonable to suppose that it would have done so by the plain declaration, and would not have left it to mere inference."

Again on page 311, the Court stated:

"*** it is reasonable to assume that when such a step is taken it will be begun and taken by Congress deliberately and with a clear declaration of purpose, and not left a matter of mere inference."

While we believe that on the basis of the decision in the Balzac case, it can be safely asserted that the bills in their present form would not have the effect of disturbing the status of Guam and the Virgin Islands as unincorporated territories, to may be desirable, in the light of the above quotations, to add a specific provision to the bills clarifying the intention of the Congress on the point. Similarly, the Congressional intent might be elaborated in the Committee reports.

We note that section 4 of H.R. 11775 provides for the repeal of the first three sentences of section 9(b) of the Organic Act of Guam. That subsection has but two sentences, for which reason the Committee may wish to amend section 4 of the bill appropriately.

Finally, we note that section 7 defines "State" to include Guam for purposes of sections 331 through 334 of title 10 of the United States Code. Since title 10 is positive law, we would suggest that section 7 be phrased as an amendment to Chapter 15 of title 10, without reference to the General Military Law. The same consideration is applicable to section 7 of H.R. 11777.

The Bureau of the Budget has advised that there is no objection to the submission of this report from the standpoint of the Administration's program.

Sincerely,

RAMSEY CLARK, Deputy Attorney General.