Terms Used In 10 Guam Code Ann. § 63201

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
The Adjutant General shall be appointed by I Maga’lahen Guåhan, subject to the advice and consent of I Liheslaturan Guåhan, and shall have such rank and qualifications as I Maga’lahen Guåhan may prescribe, and he shall:

(a) be, or have been, a Federally recognized commissioned officer in the Army or Air Force or their Reserve components in the grade of at least Lieutenant Colonel (O-5, Promotable) pursuant to Army or Air Force promotion regulations and policies at the time of appointment;

(b) be promoted in the Guam Army or Air National Guard, as appropriate, at the discretion of the Commander-in-Chief, to a grade not to exceed Lieutenant General (O-9);

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(c) serve until such time as his replacement is appointed by I Maga’lahen Guåhan or until he resigns;

(d) issue and promulgate regulations in furtherance of the provisions of this Title (The regulations shall take effect by Executive Order of I Maga’lahen Guahan. The provisions of the Administrative Adjudication Law shall not apply to the issuance and promulgation of regulations of the Department of Military Affairs.);

(e) be the senior commander, under the Commander-in-Chief of the Guam National Guard, and be responsible for the training of all members and units of the Guam National Guard for both Federal and Guam missions;

(f) be the paymaster general and be charged with all disburse- ments of pay and allowances for the service of the troops when in the service of Guam;

(g) give his entire time to the management of the Department of
Military Affairs;

(h) have such military and civilian assistants and clerks as may be required to properly conduct the operation of his department;

(i) issue and transmit and keep a record of all orders and regulations of the Commander-in-Chief and the Department of Military Affairs pertaining to the Guam National Guard;

(j) keep a record of all appointments, commissions and warrants of officers and appointments of non-commissioned officers and shall have general charge of recruiting and records of enlistments and discharges;

(k) keep the military history of the Guam National Guard and personnel records of each individual member thereof;

(l) have charge of all correspondence and records pertaining to the Department of Military Affairs, and file for record all reports and records of all active service performed by members of the Guam National Guard in the service of Guam or of the United States; and

(m) direct and have charge of all purchase of military supplies and stores, subject to the purchasing procedure of the government of Guam.

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SOURCE: GC § 40101. Subsection (h) amended by P.L. 20-186:2; subsections (a), (b) & (c) and preamble amended by P.L. 21-103:1 to make provision for the Governor’s appointment of Adjutant General rather than appointment by the President of the United States. This action was permitted by federal law. Amended by P.L. 24-
298:5. Subsection (b) amended by P.L. 30-114:2 (Mar. 13, 2010). Subsections (a), (b)
and (c) amended by P.L. 31-119:2 (Sept. 30, 2011).