shall commission all officers that he may be 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 he may summon the posse comitatus, or call out the militia to prevent or suppress violence, invasion, insurrection, or rebellion; he may call upon the commander of the military and naval forces of the United States in Guam to prevent or suppress violence, invasion, insurrection, or rebellion, until communication can be had with the President and the President's decision thereon made known; and he may, in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it suspend the privilege of the writ of habeas corpus or place the island, or any part thereof, under martial law, until communication can be had with the President and the President's decision thereon made known. He shall annually, and at such other times as the President or the Congress may require, make an official report of the transactions of the government of Guam to the Secretary of the Interior, and his said annual report shall be transmitted to the Congress. He shall have the power to issue executive regulations not in conflict with any applicable law. He may attend or may designate another person to represent him at the meetings of the legislature, may give expressions to his views on any matter before that body, and may recommend bills to the legislature."

SEC. 2. (a) The first sentence of section 7 of the Organic Act of Guam (64 Stat. 384, 386; 48 U.S.C. 1422a), is amended to read as follows:

"SEC. 7. The Governor, with the advice and consent of the legislature, shall appoint a government secretary for Guam who shall serve at the pleasure of the Governor."

(b) Section 7 of the Organic Act of Guam is further amended by the deletion of the last sentence thereof.

SEC. 3. Section 8 of the Organic Act of Guam (64 Stat. 384, 387; 48 U.S.C. 1422b), as amended, is amended to read as follows:

"SEC. 8. (a) In case of a vacancy in the office of Governor (except for a vacancy arising by reason of removal by the President), or in case of the disability or temporary absence of the Governor, the government secretary shall have all the powers of the Governor: Provided, That when the government secretary acts as Governor, he may be removed by the President for cause: Provided further, That in the case of a vacancy in the office of the Governor the government secretary shall exercise the powers of the Governor only until a successor is elected and qualified at the next general election after the vacancy occurs. The term of such successor shall be the unexpired portion of the term of office of the Governor whom he succeeds, if such general election is not the election at which a Governor is regularly elected.

"(b) In the case of a vacancy in the office of government secretary or in the case of the disability or temporary absence of the government secretary, or with respect to periods during which the government secretary is acting as Governor, the Governor or the Acting Governor may from time to time designate an officer or employee of the executive branch of the government of Guam to act as government secretary, and the person so designated shall have all the powers of the government secretary so long as such condition continues, except that such person shall not act as Governor unless the laws of Guam shall so provide.

"(c) In the event that because of death or any other reason a newly elected Governor is unable to take office, a temporary successor shall be elected by a majority vote of the legislature meeting in special session. Such temporary successor shall hold office until a successor is elected and qualified at a special election to be held within one hundred and twenty days from the date of adjournment of such session. The term of such successor shall commence thirty days following the date of such special election, and shall continue for the unexpired portion of the term of office for which the Governor-elect he succeeds was elected. "(d) In the event that the Governor is removed by the President, the President shall appoint a person to act as Governor until a successor to the Governor is elected and qualified at the next general election. The term of such successor shall commence on the first day of January following the date of the election, and shall be for the unexpired portion of the term of office of the Governor whom he succeeds, if such general election is not the election at which a Governor is regularly elected. In the event that the government secretary while acting as Governor is removed by the President from the position of Acting Governor or both from that position and the position of government secretary, the President shall appoint a person to act as government secretary (unless such vacancies arise by reason qualified at the next general election, or until return to duty of a Governor temporarily absent or subject to a disability. The term of an elected successor shall be as provided above in this subsection.

"(e) In case of a vacancy in the offices of Governor and government secretary (unless such vacancies arise by reason of removal by the President), or the disability or temporary absence of both the Governor and the government secretary, the powers of the Governor shall, for so long as such condition continues, be exercised by such person as the laws of Guam may prescribe: Provided, That such person may be removed by the President for cause, in which event the President shall appoint a person to act as Governor until a successor to the Governor is elected and qualified at the next general election."

SEC. 4. Section 26 of the Organic Act of Guam (64 Stat. 384, 391; 48 U.S.C. 1421d), as amended, is amended to read as follows:

"SEC. 26. The salaries and travel allowances of the Governor, the government secretary, the heads of the executive departments, other officers and employees of the Government of Guam and the members of the legislature, shall be paid by the Government of Guam at rates prescribed by the laws of Guam."

SEC. 5. Effective on the date of enactment of this Act, section 5 of the Organic Act of Guam (64 Stat. 384, 385; 48 U.S.C. 1421b), is amended by adding at the end thereof the following new subsection (u):

"(u) The rights, privileges, and immunities of citizens of the United States shall be respected in Guam to the same extent as though Guam were a State of the Union and subject to the provisions of paragraph 1 of section 2 of article IV of the Constitution of the United States."

SEC. 6. Unless otherwise provided herein, this Act shall be effective January 1, 1965.

SEC. 7. This Act may be cited as the "Guam Executive Act".

[H.R. 8322, 89th Cong., 1st sess.]

A BILL To provide for the popular election of the Governor of Guam, and for other purposes Be it enacted by the Senate and House of Representatives of the United States o America in Congress assembled, That section 6 of the Organic Act of Guam (64 Stat. 384, 386; 48 U.S.C. 1422), is amended to read as follows:

"SEC. 6. The executive power of Guam shall be vested in an executive officer whose official title shall be the 'Governor of Guam'. At the general election in 1966, the Governor shall be elected by the people of Guam who are qualified to vote for the members of the Legislature of Guam. The general election for Governor shall be held on the first Tuesday after the first Monday in November in 1966, and every fourth year thereafter. The nomination of candidates and the conduct of the election shall be governed by the laws of Guam. The Governor shall hold office for a term of four years and until his successor is elected and qualified, unless sooner removed by the President for cause. Such term shall commence on the first day of January following the date of the election. No person shall be eligible for election as Governor unless at the time of the election he is at least thirty years of age, is able to read and write the English language, and could also qualify for election as a member of the Legislature of Guam. The Governor shall maintain his official residence in Guam during his incumbency. He 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 the local laws, and may grant respites for all offeuses against the laws of the United States applicable in Guam until the decision of the President can be ascertained. He may veto any legislation as provided in this Act. He shall appoint 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, and shall commission all officers that he may be 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 he may summon the posse comitatus, or call out the militia to prevent or suppress violence, invasion, insurrection, or rebellion; he may call upon the commander of the military and naval forces of the United States in Guam to prevent or suppress violence, invasion, insurrection, or rebellion, until communication can be had with the President and the President's decision thereon made known; and he may, in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, suspend the privilege of the writ of habeas corpus or place the island, or any part thereof, under martial law, until communication can be had with the President and the President's decision thereon made known. He shall annually,

and at such other times as the President or the Congress may require, make an official report of the transactions of the government of Guam to the Secretary of the Interior, and his said annual report shall be transmitted to the Congress. He shall have the power to issue executive regulations not in conflict with any applicable law. He may attend or may designate another person to represent him at the meetings of the legislature, may give expressions to his views on any matter before that body, and may recommend bills to the legislature."

SEC. 2. (a) The first sentence of section 7 of the Organic Act of Guam (64 Stat. 384, 386; 48 U.S.C. 1422a), is amended to read as follows:

"SEC. 7. The Governor, with the advice and consent of the legislature, shall appoint a government secretary for Guam who shall serve at the pleasure of the Governor.'

(b) Section 7 of the Organic Act of Guam is further amended by the deletion of the last sentence thereof.

SEC. 3. Section 8 of the Organic Act of Guam (64 Stat. 384, 387; 48 U.S.C. 1422b), as amended, is amended to read as follows:

"SEC. 8. (a) In case of a vacancy in the office of Governor (except for a vacancy arising by reason of removal by the President), or in case of the disability or temporary absence of the Governor, the government secretary shall have all the powers of the Governor: Provided, That when the government secretary acts as Governor, he may be removed by the President for cause: Provided further, That in the case of a vacancy in the office of the Governor the government secretary shall exercise the powers of the Governor only until a successor is elected and qualified at the next general election after the vacancy occurs. The term of such successor shall be the unexpired portion of the term of office of the Governor whom he succeeds, if such general election is not the election at which a Governor is regularly elected.

"(b) In the case of a vacancy in the office of government secretary or in the case of the disability or temporary absence of the government secretary, or with respect to periods during which the government secretary is acting as Governor, the Governor or the Acting Governor may from time to time designate an officer or employee of the executive branch of the government of Guam to act as government secretary, and the person so designated shall have all the powers of the government secretary so long as such condition continues, except that such person shall not act as Governor unless the laws of Guam shall so provide.

"(c) In the event that because of death or any other reason a newly elected Governor is unable to take office, a temporary successor shall be elected by a majority vote of the legislature meeting in special session. Such temporary successor shall hold office until a successor is elected and qualified at a special election to be held within one hundred and twenty days from the date of adjournment of such session. The term of such successor shall commence thirty days following the date of such special election, and shall continue for the unexpired portion of the term of office for which the Governor-elect he succeeds was elected. "(d) In the event that the Governor is removed by the President, the President shall appoint a person to act as Governor until a successor to the Governor is elected and qualified at the next general election. The term of such successor shall commence on the first day of January following the date of the election, and shall be for the unexpired portion of the term of office of the Governor whom he succeeds, if such general election is not the election at which a Governor is regularly elected. In the event that the government secretary while acting as Governor is removed by the President from the position of Acting Governor or both from that position and the position of government secretary, the President shall appoint a person to act as government secretary (unless such vacancies arise by reason qualified at the next general election, or until return to duty of a Governor temporarily absent or subject to a disability. The term of an elected successor shall be as provided above in this subsection.

"(e) In case of a vacancy in the offices of Governor and government secretary (unless such vacancies arise by reason of removal by the President), or the disability or temporary absence of both the Governor and the government secretary, the powers of the Governor shall, for so long as such condition continues, be exercised by such person as the laws of Guam may prescribe: Provided, That such person may be removed by the President for cause, in which event the President shall appoint a person to act as Governor until a successor to the Governor is elected and qualified at the next general election."

SEC. 4. Section 26 of the Organic Act of Guam (64 Stat. 384, 391; 48 U.S.C. 1421d), as amended, is amended to read as follows:

"SEC. 26. The salaries and travel allowances of the Governor, the government secretary, the heads of the executive departments, other officers and employees of

the Government of Guam and the members of the legislature, shall be paid by the Government of Guam at rates prescribed by the laws of Guam."

SEC. 5. Effective on the date of enactment of this Act, section 5 of the Organic Act of Guam (64 Stat. 384, 385; 48 U.S.C. 1421b), is amended by adding at the end thereof the following new subsection (u):

"(u) The rights, privileges, and immunities of citizens of the United States shall be respected in Guam to the same extent as though Guam were a State of the Union and subject to the provisions of paragraph 1 of section 2 of article IV of the Constitution of the United States."

SEC. 6. Unless otherwise provided herein, this Act shall be effective January 1, 1967.

SEC. 7. This Act may be cited as the "Guam Executive Act".

[H.R. 11775, 89th Cong., 1st sess.]

A BILL To provide for the popular election of the Governor of Guam, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 6 of the Organic Act of Guam (64 Stat. 384, 386; 48 U.S.C. 1422), is amended to read as follows:

"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 tenth 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 four years at the general election. The Governor and Lieutenant Governor shall hold office for a term of four years (except that the Governor and Lieutenant Governor elected in 1966 shall hold office for a term of two years) and until their successors are elected and qualified, unless the Governor sooner is removed by recall. The term of the elected Governor and Lieuteannt 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 be 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 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 marital 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 transactions 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. 2. Section 7 of the Organic Act of Guam (64 Stat. 384, 387; 48 U.S.C. 1422a), is deleted and replaced by the following new provision, also designated section 7:

"SEC. 7. Any Governor or Acting Governor of Guam may be removed from office by the President for cause or by the people registered to vote in Guam if 75 per centum of the persons voting in a referendum shall vote in favor of recall; such referendum may be initiated by the legislature of Guam, following a two-thirds vote of the members of the legislature in favor of referendum, or by petition to the legislature of 25 per centum of the people registered to vote in Guam."

SEC. 3. Section 8 of the Organic Act of Guam (64 Stat. 384, 387; 48 U.S.C. 1422b) as amended, is amended to read as follows:

"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, recall, resignation, removal, or permanent disability of the Governor, or the death, resignation, or permanent disability of a Governorelect, or for any other reason, the Lieutenant Governor or Lieutenant Governorelect 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 Governor or the Acting Governor may from time to time designate an officer or employee of the executive branch of the government of Guam to act as Lieutenant Governor.

"(d) In case of a permanent vacancy in the office of Lieutenant Governor, arising by reason of the death, resignation, 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 prescribe. 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. 4. The first three sentences of paragraph (b) of section 9 of the Organic Act of Guam (64 Stat. 384, 387; 48 U.S.C. 1422c) are deleted.

SEC. 5. Section 26 of the Organic Act of Guam (64 Stat. 384, 391; 48 U.S.C. 1421d), as amended, is amended to read as follows:

"SEC. 26. The salaries and travel allowances of the Governor, Lieutenant Governor, the heads of the executive departments, other officers and employees of the government of Guam and the members of the legislature, shall be paid by the government of Guam at rates prescribed by the laws of Guam."

SEC. 6. Effective on the date of enactment of this Act, section 5 of the Organic Act of Guam (64 Stat. 384, 385; 48 U.S.C. 1421b), is amended by adding at the end thereof the following new subsection (u):

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

SEC. 7. Effective on the date of enactment of this Act, chapter 15 of the General Military Law (70A Stat. 15, 16; 10 U.S.C. 331-334) is amended by adding at the end thereof the following new section 335:

"SEC. 335. For purposes of this chapter, 'State' includes the possession Guam."