[105th Congress Public Law 291]
[From the U.S. Government Printing Office]


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[DOCID: f:publ291.105]


[[Page 112 STAT. 2785]]

Public Law 105-291
105th Congress

                                 An Act


 
    To amend the Organic Act of Guam to clarify local executive and 
                              legislative 
    provisions in such Act, and for other purposes. <<NOTE: Oct. 27, 
                         1998 -  [H.R. 2370]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Guam Organic Act 
Amendments of 1998.>> 

SECTION 1. SHORT TITLE. <<NOTE: 48 USC 1421 note.>> 

    This Act may be cited as the ``Guam Organic Act Amendments of 
1998''.

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.''.

SEC. 3. LEGISLATIVE QUORUM.

    Section 12 of the Organic Act of Guam (48 U.S.C. 1423b) is amended 
by striking ``eleven'' and inserting ``a simple majority''.

[[Page 112 STAT. 2786]]

SEC. 4. CLARIFICATION OF LEGISLATIVE POWER.

    The first sentence of section 11 of the Organic Act of Guam (48 
U.S.C. 1423a) is amended--
            (1) by inserting ``rightful'' before ``subjects''; and
            (2) by striking ``legislation of local application'' and 
        inserting ``legislation''.

    Approved October 27, 1998.

LEGISLATIVE HISTORY--H.R. 2370:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 105-742 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 144 (1998):
            Oct. 5, considered and passed House.
            Oct. 15, considered and passed Senate.

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