Title 5 — Government Operations

The HAHS Fund shall not be used for any purpose other than those enumerated or reasonably inferred herein or for purposes other than those relating to health care. Specifically, the HAHS Fund shall not be used as a pledge of security or as collateral for government loans without …

(a) All monies deposited into the HAHS Fund shall be expended exclusively for the purposes enumerated in 5 GCA § 221003 and the general intent of this Act. (b) The HAHS Fund, subject to legislative approval, may be invested or reinvested in bonds or in securities that are approve…

Notwithstanding the provisions of §§ 21103, 21107 and 21110, all of Title 5 of the Guam Code Annotated, or any other provisions of Guam law to the contrary, all interest earned by the HAHS Fund shall remain within the HAHS Fund. ---------- ARTICLE 12 RESERVE FUND FOR NON- PARTICI…

(a) With respect to the appropriations by I Liheslaturan Guåhan for the operations of the Judiciary of Guam for any fiscal year, the Director of Administration shall deposit, on the last day of each month, into a bank account designated by the Judiciary, a sum from the prior mont…

(a) Cigarette smoking presents serious public health concerns to the State and to the citizens of the State. The Surgeon General has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of thousands of tobacco-related d…

(a) “Adjusted for inflation” means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. (b) “Affiliate” means a person who directly or indirectly owns or controls, is owned or controlled by, or is under commo…

Any tobacco product manufacturer selling cigarettes to consumers within the State (whether directly or through a distributor, retailer or similar intermediary or intermediaries) after the date of enactment of this article shall do one of the following: (a) become a participating …

As used in this Article: (a) Guam Allocation means all moneys payable to Guam pursuant to the MSA, without giving effect to any sale of any portion thereof. (b) Master Settlement Agreement or MSA means the settlement agreement and related documents between Guam and leading United…

Guam Economic Development Authority shall solicit through the request for proposal process for qualified and licensed investment banking firms for investment services for the purpose of selling or securitizing the Guam Allocation made under the Master Settlement Agreement entered…

Proceeds of the sale and securitization of the Guam Allocation received by the government of Guam shall be distributed in the following manner: (a) fifty percent (50%) into the Health Security Trust Fund; (b) fifteen percent (15%) into the UOG Endowment Fund; (c) fifteen percent …

(a) There is hereby created, separate and apart from other funds of the government of Guam, a fund known as the Health Security Trust Fund. The Health Security Trust Fund shall not be commingled with the General Fund and shall be kept in a separate bank account, and shall be subj…

There is hereby created, separate and apart from other funds of the government of Guam, a fund known as the ‘UOG Higher Education Endowment Fund’. The UOG Higher Education Endowment Fund shall not be commingled with the General Fund and shall be kept in a separate bank account an…

There is hereby created, separate and apart from other funds of the government of Guam, a fund known as the ‘GCC Endowment Fund.’ The GCC Endowment Fund shall not be commingled with the General Fund and shall be kept in a separate bank account and administered by the Guam Communi…

I Liheslaturan Guåhan [The Legislature] finds that education, health and safety are among the many government responsibilities whose facilities have required much improvement and expansion. As stakeholders, all of Guam’s residents, temporary visitors, and new immigrants have an i…

(a) Subject to the provisions of this Article, I Maga’lahi, [the Governor] through the Guam Economic Development and Commerce Authority (hereinafter ‘GEDCA’), may issue Compact Impact Grant Anticipation Bonds for the purposes of financing the construction, repair and refurbishing…

Compact Impact Grant Anticipation Bonds issued by GEDCA pursuant to the provisions of this Article and every contract relating to the issuance of such bonds shall provide that all financial obligations of the government of Guam in regard to the portion of the principal of and int…

All proceeds from the issuance of the Compact Impact Grant Anticipation Bonds in accordance with the provisions of this Article shall be credited to the Capital Infrastructure and Maintenance Fund to be used for the following purposes: (a) Construction of public schools and colla…

All projects enumerated in § 221404 of this Article shall be performed by private companies, subject to Chapter 5 of Title 5, Guam Code Annotated (Guam Procurement Law).

In view of the urgency for the issuance of the bonds for the purpose of financing the projects enumerated in § 221404 of this Article, GEDCA is hereby authorized to utilize such method as it deems appropriate for the selection of all participants in connection with the issuance a…

It is the policy of I Liheslaturan Guåhan [The Legislature] to ensure that the projects enumerated in § 221404 of this Article are completed. In this respect, a written request shall be submitted to I Liheslaturan Guåhan [The Legislature], which may authorize and allow the transf…

Interest earned on the bonds authorized by this Article shall be used exclusively for the purposes of financing the projects enumerated in § 221404 of this Article.

All terms and agreements to be entered into pursuant to this Article shall be subject to legislative approval.

The locations of the two (2) public high schools, one (1) public middle school, and two (2) public elementary schools, which are to be constructed and financed pursuant to this Article, shall be determined by the Guam Education Policy Board pursuant to the priorities established …

The Guam Memorial Hospital Authority Board of Trustees, through a board resolution, shall determine the details of the establishment of an endoscopy suite, and the details of the redesign and expansion of the emergency medical department and the replacement of the CT Scan System.…

The Department of Public Health and Social Services Director and the Board of Trustees for the Regional Community Health Centers, through a board resolution, shall determine the details of the expansion or the construction of new regional community health clinics.

Maintenance Fund’. There is hereby established, separate and apart from other funds of the government of Guam, a fund known as the ‘Capital Infrastructure and Maintenance Fund’ (hereinafter ‘Fund’). The Fund shall not be commingled with the General Fund or any other fund of the g…

There is hereby created, separate and apart from other funds of the government of Guam, a fund known as the “Indirect Cost Fund”.

The Indirect Cost Fund shall not be commingled with the General Fund or any other fund of the government of Guam. The Indirect Cost Fund shall be maintained in a separate bank account.

The Indirect Cost Account shall be expended by appropriation by law for the following purposes: (a) Training such as Continuing Professional Education Credits, CPE. (b) Negotiating and Administering the government of Guam’s indirect cost rate. (c) Purchasing of Supplies and Equip…

Deposits shall be made into the Indirect Cost Account from Federal Reimbursement, for Executive Line Agency Claims or Claims on Indirect Cost not to exceed five percent (5%) of the total program monies based on a negotiated and approved Indirect Cost Rate from U.S. Department of …

The Director of Administration shall account for and administer the Indirect Cost Fund. The Director shall keep all books, records, files and accounts of the Indirect Cost Fund. The Director shall prepare monthly reports relative to the Indirect Cost Fund reflecting the transacti…

There is hereby created, separate and apart from all other funds of the government of Guam, a fund known as the Supplemental Appropriations Revenue Fund (SAR Fund).

The SAR Fund shall not be commingled with the General Fund or any other funds of the government of Guam and shall be maintained in a separate bank account, administered by the Director of the Department of Administration in accordance with this Article.

The SAR Fund shall act as a clearinghouse account for all supplemental revenues and expenditures identified by the government of Guam in any Supplemental Appropriations Act and other Acts that contain revenue sources that have not been identified in the General Appropriations Act…

The revenue sources identified in any Supplemental Appropriations Act and other Acts that identify new revenue sources that have not been identified in the General Appropriations Act during each fiscal year shall be deposited or transferred into the SAR Fund and shall be expended…

The Office of Public Accountability shall perform an annual audit of the SAR Fund and the compliance of the Director of the Department of Administration with the expenditure of such funds within the SAR Fund in accordance with the administration and exclusive purposes of this Art…

This Act shall be known as the “Opioid Prevention and Treatment Act.” The purpose of this Act is to provide for the use of dedicated revenue for treatment and prevention of opioid use disorder and co-occurring disorders.

(a) There is hereby created the Opioid Recovery Trust Fund (Fund), which shall be maintained separate and apart from any other funds of the Government of Guam, including the General Fund. The Fund shall be a continuing fund; amounts credited to the Fund shall not be subject to fu…

(a) Monies in the Fund shall be expended to mitigate the impacts of the opioid epidemic on Guam, including, but not limited to, expanding access to opioid use disorder prevention, intervention, treatment, and recovery options. Monies in the Fund may be expended to support reasona…

(a) There shall be an Opioid Recovery Advisory Council (Council) established to determine the allocation or expenditures of the Fund. (b) The Council shall consist of the following eleven (11) members, which shall include nine (9) voting members, one (1) non-voting member, and on…

Annually, no later than October 31, the Office of the Attorney General shall submit a report on the activity, revenue, and expenditures to and from the Fund to I Maga’hagan Guahan and the Speaker of I Liheslaturan Guahan. The report shall also be posted on the OAG website. The re…

The Office of the Attorney General is designated as the single agency for Guam relative to bringing claims against entities for manufacturing, marketing, distributing, promoting, or dispensing of opioids pursuant to Guam law, including, but not limited to, the Deceptive Trade Pra…

The Office of Public Accountability (OPA) shall perform an annual audit of the Opioid Recovery Trust Fund and the compliance of the Opioid Recovery Advisory Council with the expenditure of such funds within the Fund in accordance with the administration and exclusive purposes of …

The Opioid Recovery Advisory Council shall submit a detailed spending plan for the Opioid Recovery Trust Fund for Fiscal Years 2022 and 2023, to the Speaker of I Liheslaturan Guahan no later than August 1, 2022. The Opioid Recovery Advisory Council shall submit annually, a detail…

This Article shall be known as the Central Accounting Act. SOURCE: GC § 6800 added by P.L. 13-96.

The Director of Administration, hereafter referred to as the Director, shall establish and administer the Central Accounting Office of the government of Guam, which will constitute the central accounting agency for the efficient management of a system of accounts. SOURCE: GC § 68…

The Director shall, with due regard for the function of the specific agencies concerned, organize and operate the accounting system on a fund basis with a self-balancing set of accounts, recording cash and/or other resources together with all related liabilities, obligations, res…

The Director of the Department of Administration together with the Director of the Bureau of Budget and Management Research, subject to the approval of the Governor of Guam, shall prescribe rules and regulations as are necessary or proper to effectuate the purposes of this Articl…

The provisions of this Act shall not apply to the accounting operations of the Guam Waterworks Authority, the Guam Power Authority, the A. B. Won Pat International Airport Authority Guam, the Guam Housing and Urban Renewal Authority, the Guam Housing Corporation, the Guam Economi…

It is the purpose of this Article to clarify the role of the Guam Legislature in appropriating Federal funds received by Guam so as to assure that the purposes of the government of Guam are served and legislative priorities are adhered to by the acceptance and use of such funds. …