(a) The Department of Law is authorized to pursue litigation before the Federal Maritime Commission, and in any court of competent jurisdiction, to challenge the reasonableness of shipping rates established by the ocean carriers in the Guam trade. This authorization shall continue until such time that the Attorney General determines that the litigation is no longer in the best interest of Guam. (b) Legislative intent for source of funding in subsection (c) of this section. Section 26 of P.L. 22-041, the General Appropriation Act of 1994, appropriated Nine Million Five Hundred Sixty Thousand Thirty- Eight Dollars ($9,560,038) to the Government of Guam Retirement Fund to pay for the increased contributions to the Retirement Fund for all branches of the government as provided for in the amendment to § 37 of Title 4, Guam Code Annotated, made in Section 8 of P.L. 22-006. I Maga’håga/Maga’låhi has been applying the appropriations within the various departments and agencies to fund this increase, thereby leaving an excess in the appropriation in Section 26 of P.L. 22-041 which can be redirected to use for the maritime litigation. (c) Reappropriation of Two Million Four Hundred Fifty Thousand Dollars to Department of Law’s Ocean Freight Rate Legal Fund for legal fees and expenses in the continuation of the Government of
COL 2026-10-26
Guam’s case before the Federal Maritime Commission. Two Million Four Hundred Fifty Thousand Dollars ($2,450,000) are reappropriated from the appropriation of Nine Million Five Hundred Sixty Thousand Thirty-Eight Dollars ($9,560,038) previously made in Section 26 of P.L. 22-041 to the Department of Administration for the payment of increased contributions to the Government of Guam Retirement Fund as mandated by law, to the Ocean Freight Rate Legal Fund, under the Department of Law, for legal fees and expenses in the continuation of the Government of Guam’s case before the Federal Maritime Commission challenging current shipping rates in the Guam trade. Funds appropriated to the Ocean Freight Rate Legal Fund may be utilized to accommodate billings for legal fees and expenses incurred in prior fiscal years. SOURCE: Added by P.L. 22-111:5 (Apr. 11, 1994). COMMENT: Compare the case of Government of Guam v. U.S., D.C. Civ. Case No. 82-1, Dist. Ct. Guam, which stated with regards to the Legislature’s involvement in litigation: “It is the further opinion of this Court that two branches of the government of Guam cannot be vested with the authority to institute and prosecute causes of action and take appeals and other legal action for and in the name of the Government. This would, in effect, destroy the Executive Branch of the government of Guam for the Legislature could at any time enact legislation appointing private counsel to institute and prosecute in the name of the Government of Guam to challenge any Executive Branch position or decision.” While this section authorizes the Attorney General, rather than a private counsel, to prosecute this action, such section is similar to the one objected to in the above case. NOTE: P.L. 22-111:5 added this section designating the second and third paragraphs as subsections (b) and (c) respectively, but without designating the first paragraph as subsection (a). The Compiler believes this was an oversight and therefore references the first paragraph of this section as subsection (a). 2024 NOTE: Reference to the “territory” replaced with “Guam” pursuant to 1 GCA § 420. Reference to the “Governor” replaced with I Maga’håga/Maga’låhi pursuant to 5 GCA § 1510.