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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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1692. Same; annual report [New]. 1693. Same; audit [New].

§ 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.)

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§ 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

Territory of the Pacific Islands has submitted to the Secretary of the Interior a plan for the use of the grant, and the plan has been approved by the Secretary. The plan shall provide among other things for a revolving fund to make loans or to guarantee loans to private enterprise. The term of any loan made pursuant to the plan shall not exceed twenty-five years. (Pub. L. 92-257, § 2, Mar. 21, 1972, 86 Stat. 87.) SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1688, 1690, 1691, 1692 of this title.

§ 1690. Same; loan restrictions; guarantees.

No loan or loan guarantee shall be made under sections 1688 to 1693 of this title to any applicant who does not satisfy the territorial administering agency that financing is otherwise unavailable on reasonable terms and conditions. No loan or loan guarantee shall exceed (1) the amount which can reasonably be expected to be repaid, (2) the minimum amount necessary to accomplish the purposes of sections 1688 to 1693 of this title, or 25 per centum of the funds appropriated pursuant to section 1688 of this title. No loan guarantee shall guarantee more than 90 per centum of the outstanding amount of any loan, and the reserves maintained to guarantee the loan shall not be less than 25 per centum of the guarantee. (Pub. L. 92-257, § 3, Mar. 21, 1972, 86 Stat. 87.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1688, 1692 of this title.

§ 1691. Same; fiscal control and accounting procedures. The plan provided for in section 1689 of this title shall set forth such fiscal control and accounting procedures as may be necessary to assure proper disbursement, repayment, and accounting for such funds. (Pub. L. 92-257, § 4, Mar. 21, 1972, 86 Stat. 88.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1688, 1690, 1692 of this title.

§ 1692. Same; annual report

The High Commissioner of the Trust Territory of the Pacific Islands shall make an annual report to the Secretary of the Interior on the administration of sections 1688 to 1693 of this title. (Pub. L. 92-257, § 5, Mar. 21, 1972, 86 Stat. 88.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1688, 1690 of this title.

§ 1693. Same; audit.

The Comptroller General of the United States, or any of his duly authorized representatives, shall have access, for the purpose of audit and examination, to any relevant books, documents, papers, or records of the government of the Trust Territory of the Pacific Islands. (Pub. L. 92-257, § 6, Mar. 21, 1972, 86 Stat. 88.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1688, 1690, 1692 of this title.

Chapter 16.-DELEGATES TO CONGRESS FROM GUAM AND VIRGIN ISLANDS [New]

Sec.

1711.

1712.

1713. 1714.

Delegate to House of Representatives from Guam and Virgin Islands.

Election of delegates; majority; runoff election;

vacancy; commencement of term. Qualifications for Office of Delegate. Territorial legislature; determination of election procedure.

1715. Operation of Office; House privileges; compensation, allowances, and benefits; privileges and immunities; voting in committee; clerk hire and transportation expenses.

§ 1711. Delegate to House of Representatives from Guam and Virgin Islands.

The territory of Guam and the territory of the Virgin Islands each shall be represented in the United States Congress by a nonvoting Delegate to the House of Representatives, elected as hereinafter provided. (Pub. L. 92-271, § 1, Apr. 10, 1972, 86 Stat. 118.)

§ 1712. Election of delegates; majority; runoff election; vacancy; commencement of term.

(a) The Delegate shall be elected by the people qualified to vote for the members of the legislature of the territory he is to represent at the general election of 1972, and thereafter at such general election every second year thereafter. The Delegate shall be elected at large, by separate ballot and by a majority of the votes cast for the office of Delegate. If no candidate receives such majority, on the fourteenth day following such election a runoff election shall be held between the candidates receiving the highest and the second highest number of votes cast for the office of Delegate. In case of a permanent vacancy in the office of Delegate, by reason of death, resignation, or permanent disability, the office of Delegate shall remain vacant until a successor shall have been elected and qualified.

(b) The term of the Delegate shall commence on the third day of January following the date of the election. (Pub. L. 92-217, § 2, Apr. 10, 1972, 86 Stat. 119.)

§ 1713. Qualifications for Office of Delegate.

To be eligible for the Office of Delegate a candidate must

(a) be at least twenty-five years of age on the date of the election,

(b) have been a citizen of the United States for at least seven years prior to the date of the election.

(c) be an inhabitant of the territory from which he is elected, and

(d) not be, on the date of the election, a candidate for any other office.

(Pub. L. 92-271, § 3, Apr. 10, 1972, 86 Stat. 119.)

§ 1714. Territorial legislature; determination of election procedure.

The legislature of each teritory may determine the order of names on the ballot for election of Delegate, the method by which a special election to fill a vacancy in the office of Delegate shall be conducted, the method by which ties between candidates for the office of Delegate shall be resolved, and all other

matters of local application pertaining to the election and the office of Delegate not otherwise expressly provided for herein. (Pub. L. 92-271, § 4, Apr. 10, 1972, 86 Stat. 119.)

§ 1715. Operation of Office; House privileges; compensation, allowances, and benefits; privileges and immunities; voting in committee; clerk hire and transportation expenses.

The Delegate from Guam and the Delegate from the Virgin Islands shall have such privileges in the House of Representatives as may be afforded him under the Rules of the House of Representatives. Until the Rules of the House of Representatives are amended to provide otherwise, the Delegate from each territory shall receive the same compensation,

allowances, and benefits as a Member of the House of Representatives, and shall be entitled to whatever privileges and immunities are, or hereinafter may be, granted to the Resident Commissioner for Puerto Rico: Provided, That the right to vote in committee shall be as provided by the Rules of the House of Representatives: Provided further, That the clerk hire allowance of each Delegate shall be a single per annum gross rate that is 60 per centum of the clerk hire allowance of a Member: Provided further, That the transportation expenses of each Delegate that are subject to reimbursement under section 43b of Title 2 shall not exceed the cost of four round trips each year. (Pub. L. 92-271, § 5, Apr. 10, 1972, 86 Stat. 119.)

TITLE 49.-TRANSPORTATION

Chapter 1.-INTERSTATE COMMERCE ACT, PART I; GENERAL PROVISIONS AND RAILROAD AND PIPE LINE CARRIERS

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 42 sections 4916, 4917; title 45 sections 561, 741, 744, 771, 791; title 48 section 751. § 1. Regulation in general; car service; alteration of line.

(16) Rerouting of traffic on failure of initial carrier to serve public.

(a) Whenever the Commission is of opinion that any carrier by railroad subject to this chapter is for any reason unable to transport the traffic offered it so as properly to serve the public, it may, upon the same procedure as provided in paragraph (15) of this section, make such just and reasonable directions with respect to the handling, routing, and movement of the traffic of such carrier and its distribution over other lines of roads, as in the opinion of the Commission will best promote the service in the interest of the public and the commerce of the people, and upon such terms as between the carriers as they may agree upon, or, in the event of their disagreement, as the Commission may after subsequent hearing find to be just and reasonable.

(b) Whenever any carrier by railroad is unable to transport the traffic offered it because

(1) its cash position makes its continuing operation impossible;

(2) it has been ordered to discontinue any service by a court; or

(3) it has abandoned service without obtaining a certificate from the Commission pursuant to this section;

the Commission may, upon the same procedure as provided in paragraph (15) of this section, make such just and reasonable directions with respect to the handling, routing, and movement of the traffic available to such carrier and its distribution over such carrier's lines, as in the opinion of the Commission will best promote the service in the interest of the public and the commerce of the people subject to the following conditions:

(A) Such direction shall be effective for no longer than 60 days unless extended by the Commission for cause shown for an additional designated period not to exceed 180 days.

(B) No such directions shall be issued that would cause a carrier to operate in violation of the Federal Railroad Safety Act of 1970 or that would substantially impair the ability of the carrier so directed to serve adequately its own patrons or to meet its outstanding common carrier obligations.

(C) The directed carrier shall not, by reason of such Commission direction, be deemed to have assumed or to become responsible for the debts of the other carrier.

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(D) The directed carrier shall hire employees of the other carrier to the extent such employees had previously performed the directed service for the other carrier, and, as to such employees as shall be so hired, the directed carrier shall be deemed to have assumed all existing employment obligations and practices of the other carrier relating thereto, including, but not limited to, agreements governing rate of pay, rules and working conditions, and all employee protective conditions commencing with and for the duration of the direction.

(E) Any order of the Commission entered pursuant to this paragraph shall provide that if, for the period of its effectiveness, the cost, as hereinafter defined, of handling, routing, and moving the traffic of another carrier over the other carrier's lines of road shall exceed the direct revenues therefor, then upon request, payment shall be made to the directed carrier, in the manner hereinafter provided and within 90 days after expiration of such order, of a sum equal to the amount by which such cost has exceeded said revenues. The term "cost" shall mean those expenditures made or incurred in or attributable to the operations as directed, including the rental or lease of necessary equipment, plus an appropriate allocation of common expenses, overheads, and a reasonable profit. Such cost shall be then currently recorded by the carrier or carriers in such manner and on such forms as by general order may be prescribed by the Commission and shall be submitted to and subject to audit by the Commission. The Commission shall certify promptly to the Secretary of the Treasury the amount of payment to be made to said carrier or carriers under the provisions of this paragraph. Payments required to be made to a carrier under the provisions of this paragraph shall be made by the Secretary of the Treasury from funds hereby authorized to be appropriated in such amounts as may be necessary for the purpose of carrying out the provisions hereof.

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