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§ 804. Regulations.

The Comptroller General shall prescribe such regulations as may be necessary or appropriate to carry out sections 801, 802, 803 (a), and 803 (b) of this title. (Pub. L. 92-255, title I, § 105, Feb. 7, 1972, 86 Stat. 7.)

EFFECTIVE DATE

Section effective on Dec. 31, 1971, or sixty days after Feb. 7, 1972, whichever is later, see section 406 of Pub. L. 92-225, set out as a note under section 431 of Title 2, The Congress.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 805 of this title.

§ 805. Penalties for violations.

Whoever willfully and knowingly violates any provision of section 802, 803 (a), or 803(b) of this title or any regulation under section 804 of this title

shall be punished by a fine of not more than $5,000 or by imprisonment of not more than five years, or both. (Pub. L. 92-225, title I, § 106, Feb. 7, 1972, 86 Stat. 8.)

EFFECTIVE DATE

Section effective on Dec. 31, 1971, or sixty days after Feb. 7, 1972, whichever is later, see section 406 of Pub. L. 92-225, set out as a note under section 431 of Title 2, The Congress.

FEDERAL ELECTION CRIMINAL PROVISIONS Definitions, promise of employment or other benefit for political activity, limitations on contributions and expenditures, contributions or expenditures by national banks, corporations or labor organizations, and contributions by Government contractors, see sections 591, 600, 608, 610, and 611 of Title 18, Crimes and Criminal Procedure.

Disclosure of Federal campaign funds, penalties for violations, see section 441 of Title 2, The Congress.

Chap.

TITLE 48.-TERRITORIES AND INSULAR POSSESSIONS

16. Delegates to Congress from Guam and Virgin Islands [New]....

Chapter 2.-ALASKA

DELEGATION OF FUNCTIONS

Sec.

1711

Ex. Ord. No. 11230, June 28, 1965, 30 F.R. 8447, under which the functions of the President under sections 44(a) and 45(a) of the Alaska Omnibus Act of June 25, 1959, were delegated to the Director of the Bureau of the Budget, was superseded by Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President.

Chapter 3.-HAWAII

DELEGATION OF FUNCTIONS

Ex. Ord. No. 11230, June 28, 1965, 30 F.R. 8447, under which the functions of the President under section 5(e) of the Hawaii Statehood Act of Mar. 18, 1959, were delegated to the Director of the Bureau of the Budget, was superseded by Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President.

Chapter 7.-THE VIRGIN ISLANDS

DELEGATE TO CONGRESS FROM VIRGIN ISLANDS Provisions respecting representation in Congress by a Delegate from Virgin Islands to the House of Representatives, see section 1711 et seq. of this title.

§ 1397. Income-tax laws of United States in force. APPLICATION OF WESTERN HEMISPHERE TRADE CORPORATION PROVISION UNDER THE VIRGIN ISLANDS TAX LAWS Treatment of Western Hemisphere Trade Corporation provisions of sections 921 and 922 of Title 26 as having been repealed effective with respect to taxable years beginning after Dec. 10, 1971, for purposes of applying income tax laws of the United States with respect to the Virgin Islands under this section, see Pub. L. 92-178, title III, § 307, Dec. 10, 1971, 85 Stat. 524, set out as a note under section 921 of Title 26, Internal Revenue Code.

§ 1401f. Purchases.

REPEATED

Pub. L. 92-76, title I, § 100, Aug. 10, 1971, 85 Stat. 233; Pub. L. 92-369, title I, § 100, Aug. 10, 1972, 86 Stat. 512; Pub. L. 93-120, title I, § 100, Oct. 4, 1973, 87 Stat. 433.

§ 1407c. General powers; termination date.

The Corporation shall have, and may exercise, the following general powers in carrying on the activities specified in section 1407b of this title:

(i) To appoint, without regard to the provisions of the civil-service laws, such officers, agents, attorneys, and employees as may be necessary for the conduct of the business of the Corporation; to delegate to them such powers and to prescribe for them such duties as may be deemed appropriate by the Corporation; to establish an efficiency or merit rating system, as may be desirable; to fix and pay such compensation to them for their services as the Corporation may determine, without regard to

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the provisions of the classification laws except to the extent that these laws may be extended to the Corporation by the President of the United States; and without regard to the provisions of any other law, to establish hours of work, conditions governing the payment of compensation for overtime hours, and working rules and working conditions generally. In the appointment of officials and the selection of employees for said Corporation, and in the promotion of any such officials or employees, no political test or qualification shall be permitted or given consideration, but all such appointments and promotions shall be given and made on the basis of merit and efficiency. Any member of said board who is found by the President of the United States or his representative to be guilty of a violation of this section shall be removed from office by the President of the United States, and any appointee of said board who is found by the board to be guilty of a violation of this section shall be removed from office by said board. Persons employed by the Corporation shall not be included in making computations pursuant to the provisions of section 947 of Title 5. The Corporation shall give due consideration to residents of the Virgin Islands in the selection and promotion of its officers and employees.

(As amended June 6, 1972, Pub. L. 92-310, title II, § 234, 86 Stat. 214.)

REFERENCES IN TEXT

Section 947 of title 5, referred to in subsec. (1), was repealed by act Sept. 12, 1950, ch. 946, title III, § 301 (85), 64 Stat. 843.

AMENDMENTS

1972 Subsec. (i). Pub. L. 92-310 eliminated provisions which empowered the Corporation to require bonds from officers, agents, attorneys, and employees as might have been designated.

§ 1407f. Corporate use of funds.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

§ 14071. Transfer of functions.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

Chapter 8A.-GUAM

DELEGATE TO CONGRESS FROM GUAM Provisions respecting representation in Congress by a Delegate from Guam to the House of Representatives, see section 1711 et seq. of this title.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 1681b of this title.

GENERAL PROVISIONS

§ 1421i. Income tax.

*

(d) Definition of "income-tax laws"; administration and enforcement; rules and regulations.

(2) The Governor or his delegate shall have the same administrative and enforcement powers and remedies with regard to the Guam Territorial income tax as the Secretary of the Treasury, and other United States officials of the executive branch, have with respect to the United States income tax. Needful rules and regulations not inconsistent with the regulations prescribed under section 7654(e) of the Internal Revenue Code of 1954 for enforcement of the Guam Territorial income tax shall be prescribed by the Governor. The Governor or his delegate shall have authority to issue, from time to time, in whole or in part, the text of the income-tax laws in force in Guam pursuant to subsection (a) of this section.

(As amended Oct. 31, 1972, Pub. L. 92-606, § 1(d), 86 Stat. 1497.)

AMENDMENTS

1972-Subsec. (d) (2). Pub. L. 92-606 substituted "Needful rules and regulations not inconsistent with the regulations prescribed under section 7654 (e) of the Internal Revenue Code of 1954" for "Needful rules and regulations".

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-606 applicable with respect to taxable years beginning after Dec. 31, 1972, see section 2 of Pub. L. 92-606, set out in part as a note under section 935 of Title 26, Internal Revenue Code.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 26 section 7654.

THE EXECUTIVE BRANCH

§ 1422d. Government comptroller.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1681b of this title.

THE LEGISLATURE

§ 14231. Purchases.

REPEATED

Pub. L. 92-76, title I, § 100, Aug. 10, 1971, 85 Stat. 233; Pub. L. 92-369, title I, § 100, Aug. 10, 1972, 86 Stat. 512; Pub. L. 93-120, title I, § 100, Oct. 4, 1973, 87 Stat. 433.

Chapter 10.-TERRITORIAL PROVISIONS OF A GENERAL NATURE

§ 1470a. Availability of appropriations for surface vessels.

Appropriations available for the administration of Territories may be expended for the purchase, charter, maintenance, and operation of surface vessels for official purposes and for commercial transportation purposes found by the Secretary to be

necessary. (Pub. L. 93-120, title I, § 100, Oct. 4, 1973, 87 Stat. 433.)

SIMILAR PROVISIONS

Section is from the Department of the Interior and Related Agencies Appropriation Act, 1974. Similar provisions were contained in the following prior appropriation acts:

1972-Pub. L. 92-369, title I, § 100, Aug. 10, 1972, 86 Stat.

512.

1971-Pub. L. 92-76, title I, § 100, Aug. 10, 1971, 85 Stat.

233.

Chapter 12.-THE VIRGIN ISLANDS

§ 1572. Same.

(b) Qualifications of members.

No person shall be eligible to be a member of the legislature who is not a citizen of the United States, who has not attained the age of twenty-one years, who is not a qualified voter in the Virgin Islands, who has not been a bona fide resident of the Virgin Islands for at least three years next preceding the date of his election, or who has been convicted of a felony or of a crime involving moral turpitude and has not received a pardon restoring his civil rights. Federal employees and persons employed in the legislative, executive or judicial branches of the government of the Virgin Islands shall not be eligible for membership in the legislature.

(h) Vacancies.

The Legislature of the Virgin Islands shall by law provide the procedure for filling any vacancy in the office of member of the legislature. (As amended Aug. 17, 1972, Pub. L. 92-389, 86 Stat. 563; Oct. 19, 1973, Pub. L. 93-130, § 1, 87 Stat. 460.)

AMENDMENTS

1973-Subsec. (h). Pub. L. 93-130 substituted provision authorizing the Legislature of Virgin Islands to provide by law the procedure for filing vacancies in the membership of the Legislature, for provisions authorizing the Governor of the Virgin Islands to fill any such vacancy by appointment of resident of the district from which the member whose office became vacant was elected if the vacancy is that of a Senator and of resident of any part of Virgin Islands if the vacancy is that of a Senator at large, and that such appointee shall serve for the remainder of the unexpired term.

1972 Subsec. (b). Pub. L. 92-389 reduced the age qualification for membership of legislature from twentyfive years to twenty-one years.

EFFECTIVE DATE OF 1973 AMENDMENT

Section 2 of Pub. L. 93-130 provided that: "The amendment made by the first section of this Act [amending this section] shall apply with respect to vacancies occurring on or after the date of enactment of this Act [Oct. 19, 1973]". § 1617. United States attorney; appointment; duties; vacancies.

The President shall, by and with the advice and consent of the Senate, appoint a United States attorney for the Virgin Islands to whose office the provisions of chapter 35 of Title 28, shall apply. Except as otherwise provided by law it shall be the duty of the United States attorney to prosecute all offenses against the United States and to conduct all legal proceedings, civil and criminal, to which the Government of the United States is a party in the district court and in the inferior courts of the Virgin Islands. He shall also prosecute in the district court

in the name of the government of the Virgin Islands all offenses against the laws of the Virgin Islands which are cognizable by that court unless, at his request or with his consent, the prosecution of any such case is conducted by the attorney general of the Virgin Islands. The United States attorney may, when requested by the Government or the attorney general of the Virgin Islands, conduct any other legal proceedings to which the government of the Virgin Islands is a party in the district court or the inferior courts of the Virgin Islands. In the case of a vacancy in the office of United States attorney, the District Court of the Virgin Islands may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court. (As amended June 2, 1971, Pub. L. 92-24, 85 Stat. 76.)

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§ 1681. Continuance of civil government for the Trust Territory of the Pacific Islands; assistance programs; maximum fiscal year costs; reimbursement. APPROPRIATIONS

Section 2 of act June 30, 1954, as amended July 19, 1962, Pub. L. 87-541, 76 Stat. 171; May 10, 1967, Pub. L. 90-16, § 1, 81 Stat. 15; Oct. 21, 1968, Pub. L. 90-617, § 1, 82 Stat. 1213; Dec. 24, 1970, Pub. L. 91-578, 84 Stat. 1559; Sept. 21, 1973, Pub. L. 93-111, § 1, 87 Stat. 354, provided that: "There are authorized to be appropriated not to exceed $25,000,000 for fiscal year 1967, and for each of the fiscal years 1974 and 1975, $60,000,000 plus such sums as are necessary, but not to exceed $10,000,000, for each of such

fiscal years, to offset reductions in, or the termination of, Federal grant-in-aid programs or other funds made available to the Trust Territory of the Pacific Islands by other Federal agencies to remain available until expended, to carry out the provisions of this Act [this section] and to provide for a program of necessary capital improvements and public works related to health, education, utilities, highways, transportation facilities, communications, and public buildings: Provided, That except for funds appropriated for the activities of the Peace Corps no funds appropriated by any Act shall be used for administration of the Trust Territory of the Pacific Islands except as may be specifically authorized by law."

§ 1681b. Government comptroller of Guam; additional duties.

(a) General provision; general supervision of Secretary of Interior; other than executive department status; apportionment of salary and expenses between Guam and Trust Territory.

The government comptroller for Guam appointed pursuant to the provisions of section 1422d of this title shall, in addition to the duties imposed on him by the Organic Act of Guam, carry out, on and after September 21, 1973, the duties set forth in this section with respect to the government of the Trust Territory of the Pacific Islands. In carrying out such duties, the comptroller shall be under the general supervision of the Secretary of the Interior and shall not be a part of any executive department in the government of the Trust Territory of the Pacific Islands. The salary and expenses of the comptroller's office shall, notwithstanding the provisions of subsection (a) of section 1422d of this title, be apportioned equitably by the Secretary of the Interior between Guam and the Trust Territory of the Pacific Islands from funds available to Guam and the trust territory.

(b) Auditing function.

The government comptroller shall audit all accounts and review and recommend adjudication of claims pertaining to the revenue and receipts of the government of the Trust Territory of the Pacific Islands and of funds derived from bond issues; and he shall audit, in accordance with law and administrative regulations, all expenditures of funds and property pertaining to the government of the Trust Territory of the Pacific Islands including those pertaining to trust funds held by such government.

(c) Reporting and additional auditing function.

It shall be the duty of the government comptroller to bring to the attention of the Secretary of the Interior and the High Commissioner of the Trust Territory of the Pacific Islands all failures to collect amounts due the government, and the expenditures of funds or uses of property which are irregular or not pursuant to law. The audit activities of the government comptroller shall be directed so as to (1) improve the efficiency and economy of programs of the government of the Trust Territory of the Pacific Islands, and (2) discharge the responsibility incumbent upon the Congress to insure that the substantial Federal revenues which are covered into the treasury of such government are properly accounted for and audited.

(d) Decisions of comptroller general; administrative review.

The decisions of the government comptroller shall be final except that appeal therefrom may, with the

concurrence of the High Commissioner, be taken by the party aggrieved or the head of the department concerned, within one year from the date of the decision, to the Secretary of the Interior, which appeal shall be in writing and shall specifically set forth the particular action of the government comptroller to which exception is taken, with the reasons and the authorities relied upon for reversing such decision.

(e) Same; judicial review.

If the High Commissioner does not concur in the taking of an appeal to the Secretary, the party aggrieved may seek relief by suit in the District Court of Guam, if the claim is otherwise within its jurisdiction. No later than thirty days following the date of the decision of the Secretary of the Interior, the party aggrieved or the High Commissioner, on behalf of the head of the department concerned, may seek relief by suit in the District Court of Guam, if the claim is otherwise within its jurisdiction. (f) Official communications; witnesses and oaths.

The government comptroller is authorized to communicate directly with any person or with any department officer or person having official relation with his office. He may summon witnesses and administer oaths.

(g) Annual report to Congress.

As soon after the close of each fiscal year as the accounts of said fiscal year may be examined and adjusted, the government comptroller shall submit to the High Commissioner and the Secretary of the Interior an annual report of the fiscal condition of the government, showing the receipts and disbursements of the various departments and agencies of the government. The Secretary of the Interior shall submit such report along with his comments and recommendations to the President of the Senate and the Speaker of the House of Representatives.

(h) Miscellaneous reports.

The government comptroller shall make such other reports as may be required by the High Commissioner, the Comptroller General of the United States, or the Secretary of the Interior.

(i) Office and activities subject to review by Comptroller General of the United States.

The office and activities of the government comptroller pursuant to this section shall be subject to review by the Comptroller General of the United States, and reports thereon shall be made by him to the High Commissioner, the Secretary of the Interior, the President of the Senate and the Speaker of the House of Representatives.

(j) Collection of data; access to government records.

All departments, agencies, and establishments shall furnish to the government comptroller such information regarding the powers, duties, activities, organization, financial transactions, and methods of business of their respective offices as he may from time to time require of them; and the government comptroller, or any of his assistants or employees, when duly authorized by him, shall, for the purpose of securing such information, have access to and the right to examine any books, documents, papers, or records of any such department, agency, or estab

lishment. (June 30, 1954, ch. 423, § 4, as added Sept. 21, 1973, Pub. L. 93–111, § 2, 87 Stat. 354.) REFERENCES IN TEXT

Organic Act of Guam, referred to in subsec. (a), is classified to chapter 8A of this title.

CODIFICATION

"Section 1422d of this title" and "the Organic Act of Guam" were substituted for "section 9-A of the Organic Act of Guam" and "such Act" for codification purposes.

§ 1682. Purchases by governments of Pacific Trust Territory.

REPEATED

Pub. L. 92-76, title I, § 100, Aug. 10, 1971, 85 Stat. 233; Pub. L. 92-369, title I, § 100, Aug. 10, 1972, 86 Stat. 513; Pub. L. 93-120, title I, § 100, Oct. 4, 1973, 87 Stat. 434.

§ 1683. Auditing of transactions of Pacific Trust Territory.

REPEATED

Pub. L. 92-76, title I, § 100, Aug. 10, 1971, 85 Stat. 233; Pub. L. 92-369, title I, § 100, Aug. 10, 1972, 86 Stat. 513; Pub. L. 93-120, title I, § 100, Oct. 4, 1973, 87 Stat. 434. § 1687. Expenditure of appropriations for Pacific Trust Territory for surface vessels.

Appropriations available for the Administration of the Trust Territory of the Pacific Islands may be expended for the purchase, charter, maintenance, and operation of surface vessels for official purposes and for commercial transportation purposes found by the Secretary to be necessary. (Pub. L. 93-120, title I, § 100, Oct. 4, 1973, 87 Stat. 434.)

SIMILAR PROVISIONS

Section is from the Department of Interior and Related Agencies Appropriation Act, 1974. Similar provisions were contained in the following prior appropriation acts:

1972-Pub. L. 92-369, title I, § 100, Aug. 10, 1972, 86 Stat.

513.

1971-Pub. L. 92-76, title I, § 100, Aug. 10, 1971, 85 Stat.

233.

§ 1688. Trust Territory Economic Development Loan Fund.

For the purpose of promoting economic development in the Trust Territory of the Pacific Islands, there is authorized to be appropriated to the Secretary of the Interior, for payment to the government of the Trust Territory of the Pacific Islands as a grant in accordance with the provisions of sections 1688 to 1693 of this title, an amount which when added to the development fund established pursuant to section 3 of the Act of August 22, 1964 (78 Stat. 601), as augmented by subsequent Federal grants, will create a total fund of $5,000,000, which shall thereafter be known as the Trust Territory Economic Development Loan Fund. (Pub. L. 92-257, § 1, Mar. 21, 1972, 86 Stat. 87.)

REFERENCES IN TEXT

The Act of August 22, 1964 (78 Stat. 601), referred to in text, is Pub. L. 88-487. Sections 1 and 2 thereof were classified, respectively, to section 1681 of this title and section 303 of Title 47, Telegraphs, Telephones, and Radiotelegraphs. Section 3 thereof, referred to in text, was not classified to the Code.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1689, 1690, 1692 of this title.

§ 1689. Same; plan for use of grant; loans; terms.

The grant authorized by section 1688 of this title shall be made only after the government of the Trust

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