U.S. Code » Title 48 » Chapter CHAPTER 8A— GUAM › Subchapter SUBCHAPTER I— GENERAL PROVISIONS

48 U.S.C. § 1421g

Establishment and maintenance of public bodies and offices

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(a) Public health services

Subject to the laws of Guam, the Governor shall establish, maintain, and operate public-health services in Guam, including hospitals, dispensaries, and quarantine stations, at such places in Guam as may be necessary, and he shall promulgate quarantine and sanitary regulations for the protection of Guam against the importation and spread of disease.

(b) Public educational system

The Government of Guam shall provide an adequate public educational system of Guam, and to that end shall establish, maintain, and operate public schools according to the laws of Guam.

(c) Office of Public Prosecutor; Office of Public Auditor

The Government of Guam may by law establish an Office of Public Prosecutor and an Office of Public Auditor. The Public Prosecutor and Public Auditor may be removed as provided by the laws of Guam.

(d) Attorney General(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 1422d of this title 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.(Aug. 1, 1950, ch. 512, § 29, 64 Stat. 392; Pub. L. 99–396, §§ 5, 13, Aug. 27, 1986, 100 Stat. 839, 842; Pub. L. 105–291, § 2, Oct. 27, 1998, 112 Stat. 2785.)Editorial NotesAmendments

1998—Subsec. (d). Pub. L. 105–291 added subsec. (d).

1986—Subsec. (b). Pub. L. 99–396, § 13(a)(1), substituted “according to the laws of Guam” for “at such places in Guam as may be necessary”.

Pub. L. 99–396, § 5, substituted “Government of Guam” for “Governor”.

Subsec. (c). Pub. L. 99–396, § 13(a)(2), added subsec. (c).

Notes of Decisions
Cited in 9 cases (4 in the last 5 years), 1980–2026 · leading case: Murrell v. People, 54 V.I. 338 (2010).
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Murrell v. People, 54 V.I. 338 (2010). “§ 1406 , numerous examples exist of Congress conferring, through a territory’s organic act or constitution, rights that are greater than those afforded by the United States Constitution. For example, the Guam Organic Act guarantees the right to compulsory education for chil *352…”
Nelson v. Ada, 878 F.2d 277 (9th Cir. 1989). · cites it 4× “In 1987 the governor removed Nelson and Wolf from office on the ground that the Guam legislation establishing the boards that appointed them conflicted with the Organic Act of Guam, 48 U.S.C. § 1421g(b). The petitioners appeal from the denial of their petition for a writ of…”
Kathy Brown v. Civil Serv. Comm'n, Dep't of Educ. & Territorial Bd. of Educ., Real Parties in Interest-Appellant, 818 F.2d 706 (9th Cir. 1987). · cites it 2× “DOE notes that 48 U.S.C. § 1421g(b) does not contain the phrase “subject to the laws of Guam” as does section 1421g(a).”
Ricardo J. Bordallo, Governor of Guam v. George W. Baldwin, Jr., 624 F.2d 932 (9th Cir. 1980). “” (48 U.S.C. § 1421g(a)) The question presented to us then is whether, when the Governor is specifically charged by Section 1421g(a) of the Organic Act with the responsibility for establishing, maintaining, and operating hospitals, the Legislature may, within the terms of that…”
Attorney Gen. of Guam v. Torres, 419 F.3d 1017 (9th Cir. 2005). · cites it 2× “The Attorney General of Guam filed this action in the United States District Court of Guam seeking a declaration that, under the 1998 Amendment to the Guam Organic Act, 48 U.S.C. § 1421g(d), his authority as the “Chief Legal Officer” of Guam preempted prior Guam law and…”
In Re: Request of Lourdes a. Leon Guerrero, I Maga' HÅgan GuÅhan, Relative to the Power of the Exec. Branch to Establish, Maintain, & Operate Quarantine Facilities in Guam & to Promulgate Quarantine & Sanitation Regulations for the Prot. of Guam Against the Importation & Spread of Disease., No. CRQ20-002 (Guam July 2, 2021). · cites it 11× “, § 4 (1998) (enacted and codified at 48 U.S.C.A. §§ 1421g, 1423a). [33] It is against this historical backdrop we recognize the governor’s executive power in 48 U.”
The Law Offices of Phillips & Bordallo, P.C. v. Leon Guerrero, No. 1:22-cv-00020 (D. Guam Aug. 9, 2023). “The section of the Organic Act of 2 Guam at issue in Torres was 48 U.S.C. § 1421g(d). Where a Guam law is in conflict with a 3 federal law, a federal question is presented.”
Gov't of Guam & Douglas B. Moylan, in his Off. capacity as the Attorney Gen. of Guam v. Lourdes A. Leon Guerrero, in her Off. capacity as the Governor of Guam & Guam Hous. & Urban Renewal Auth., a Pub. Body Corp., No. 1:24-cv-00029 (D. Guam Apr. 7, 2026). “” 48 U.S.C. § 1421g(d). Aside from this general 1 statement and providing options for appointing, electing and removing an Attorney General, 2 however, the Organic Act is silent as to the Attorney General’s powers and duties.”
SH Enter., Inc. v. Territory of Guam; Gen. Servs. Agency, Dep't of Admin.; & the Off. of Pub. Acct., 2025 Guam 10 (Guam 2025). “See 48 U.S.C.A. § 1421g(c) (“The Government of Guam may by law establish .”
48 U.S.C. § 1421g(a): 2 cases
Ricardo J. Bordallo, Governor of Guam v. George W. Baldwin, Jr., 624 F.2d 932 (9th Cir. 1980). “” (48 U.S.C. § 1421g(a)) The question presented to us then is whether, when the Governor is specifically charged by Section 1421g(a) of the Organic Act with the responsibility for establishing, maintaining, and operating hospitals, the Legislature may, within the terms of that…”
In Re: Request of Lourdes a. Leon Guerrero, I Maga' HÅgan GuÅhan, Relative to the Power of the Exec. Branch to Establish, Maintain, & Operate Quarantine Facilities in Guam & to Promulgate Quarantine & Sanitation Regulations for the Prot. of Guam Against the Importation & Spread of Disease., No. CRQ20-002 (Guam July 2, 2021). “, § 4 (1998) (enacted and codified at 48 U.S.C.A. §§ 1421g, 1423a). [33] It is against this historical backdrop we recognize the governor’s executive power in 48 U.”
48 U.S.C. § 1421g(b): 3 cases
Murrell v. People, 54 V.I. 338 (2010). “§ 1406 , numerous examples exist of Congress conferring, through a territory’s organic act or constitution, rights that are greater than those afforded by the United States Constitution. For example, the Guam Organic Act guarantees the right to compulsory education for chil *352…”
Nelson v. Ada, 878 F.2d 277 (9th Cir. 1989). “In 1987 the governor removed Nelson and Wolf from office on the ground that the Guam legislation establishing the boards that appointed them conflicted with the Organic Act of Guam, 48 U.S.C. § 1421g(b). The petitioners appeal from the denial of their petition for a writ of…”
Kathy Brown v. Civil Serv. Comm'n, Dep't of Educ. & Territorial Bd. of Educ., Real Parties in Interest-Appellant, 818 F.2d 706 (9th Cir. 1987). “DOE notes that 48 U.S.C. § 1421g(b) does not contain the phrase “subject to the laws of Guam” as does section 1421g(a).”
48 U.S.C. § 1421g(c): 1 case
SH Enter., Inc. v. Territory of Guam; Gen. Servs. Agency, Dep't of Admin.; & the Off. of Pub. Acct., 2025 Guam 10 (Guam 2025). “See 48 U.S.C.A. § 1421g(c) (“The Government of Guam may by law establish .”
48 U.S.C. § 1421g(d): 3 cases
Attorney Gen. of Guam v. Torres, 419 F.3d 1017 (9th Cir. 2005). “The Attorney General of Guam filed this action in the United States District Court of Guam seeking a declaration that, under the 1998 Amendment to the Guam Organic Act, 48 U.S.C. § 1421g(d), his authority as the “Chief Legal Officer” of Guam preempted prior Guam law and…”
The Law Offices of Phillips & Bordallo, P.C. v. Leon Guerrero, No. 1:22-cv-00020 (D. Guam Aug. 9, 2023). “The section of the Organic Act of 2 Guam at issue in Torres was 48 U.S.C. § 1421g(d). Where a Guam law is in conflict with a 3 federal law, a federal question is presented.”
Gov't of Guam & Douglas B. Moylan, in his Off. capacity as the Attorney Gen. of Guam v. Lourdes A. Leon Guerrero, in her Off. capacity as the Governor of Guam & Guam Hous. & Urban Renewal Auth., a Pub. Body Corp., No. 1:24-cv-00029 (D. Guam Apr. 7, 2026). “” 48 U.S.C. § 1421g(d). Aside from this general 1 statement and providing options for appointing, electing and removing an Attorney General, 2 however, the Organic Act is silent as to the Attorney General’s powers and duties.”
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