73 chapters · 2,143 sections in this title.
5 GCA § 221406 Selection of Participants
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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…
5 GCA § 221407 Need for Completion
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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…
5 GCA § 221408 Bond Interest
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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.
5 GCA § 221409 Legislative Approval Required
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All terms and agreements to be entered into pursuant to this Article shall be subject to legislative approval.
5 GCA § 221410 Same
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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 …
5 GCA § 221411 GMHA Board Action
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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.…
5 GCA § 221412 DPHSS Action
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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.
5 GCA § 221413 Creation of the ‘Capital Infrastructure and
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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…
5 GCA § 221501 Creation
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There is hereby created, separate and apart from other funds of the government of Guam, a fund known as the “Indirect Cost Fund”.
5 GCA § 221502 Separate Fund and Bank Account
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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.
5 GCA § 221503 Purpose
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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…
5 GCA § 221504 Deposits and Expenditures
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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 …
5 GCA § 221505 Administration
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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…
5 GCA § 221601 Creation
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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).
5 GCA § 221602 Separate Fund and Bank Account
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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.
5 GCA § 221603 Purpose
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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…
5 GCA § 221604 Administration of SAR Fund
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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…
5 GCA § 221605 Annual Audit
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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…
5 GCA § 221701 Title and Purpose
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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.
5 GCA § 221702 Opioid Recovery Trust Fund
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(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…
5 GCA § 221703 Eligible Expenditures
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(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…
5 GCA § 221704 Opioid Recovery Advisory Council
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(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…
5 GCA § 221705 Reporting Requirements
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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…
5 GCA § 221706 Designation of OAG as Single Agency
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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…
5 GCA § 221707 Annual Audit
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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 …
5 GCA § 221708 Submission of Spending Plan
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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…
5 GCA § 22201 Title
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This Article shall be known as the Central Accounting Act. SOURCE: GC § 6800 added by P.L. 13-96.
5 GCA § 22202 Director
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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…
5 GCA § 22203 Duties of Director
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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…
5 GCA § 22204 Rules & Regulations
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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…
5 GCA § 22205 Exceptions
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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…
5 GCA § 22301 Purpose
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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. …
5 GCA § 22302 Definitions
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As used in this Article: (a) Agency means all offices, departments, boards, commissions, councils, committees, public corporations, or other entities of the Executive Branch, offices of the Judicial Branch and offices of the Legislative Branch of the government of Guam. (b) Agenc…
5 GCA § 22303 Receipt of Federal Funds
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(a) All Federal funds shall be deposited in and credited to the General Fund account and be available for appropriation by the Legislature as part of the Guam’s operating budget; furthermore, detailed and accurate accounting records shall be maintained for such Federal funds. (b)…
5 GCA § 22304 Expenditures Restricted
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(a) No department or agency may make expenditure of any Federal funds regardless whether such funds are advanced prior to expenditure or as reimbursement unless such expenditures are made pursuant to specific appropriations of the Legislature. (b) The Health Security Trust Fund, …
5 GCA § 22305 General Fund Protected
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To insure that the General Fund will not be burdened with expenditures for Federal projects, an agency head responsible for administering any Federal funds shall submit to the Director of the Guam State Clearinghouse on the 30th of each month a report on expenditures incurred for…
5 GCA § 22306 Penalty for Noncompliance
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The administration of authorized Federal programs shall be in full compliance with all applicable laws, rules and regulations governing the program. Noncompliance requirements by officials or employees of the government of Guam shall be cause for dismissal. Expenditure of public …
5 GCA § 22401 Illegal Expenditures
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(a) No officer or employee of the government of Guam, including the Governor of Guam, shall: (1) Make or authorize any expenditure from, or create or authorize any obligation under, any appropriation or fund in excess of the amount available therein, or for other than an authoriz…
5 GCA § 22401.1 Expenditures on Alcoholic Beverages Illegal
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Except for Guam Visitors Bureau, the A.B. Won Pat International Airport Authority of Guam, and the Governor and the Lieutenant Governor, no officer, employee, or agent of any public corporation or of any branch, department, agency, or instrumentality of the government of Guam, in…
5 GCA § 22402 Emergency Expenses
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I Maga’lahen Guåhan [the Governor] is authorized to utilize no more than Two Hundred Fifty Thousand Dollars ($250,000.00) from General Fund appropriations for the Executive Branch for expenses resulting from civil defense, public safety, or healthcare emergencies. Whenever this a…
5 GCA § 22403 Authorization to Borrow for Agat Jr. High School
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(a) The Governor may negotiate a loan of not to exceed Three Million Dollars from the Farmers Home Administration, U.S. Department of Agriculture. The term of the loan shall not be for more than 40 years at a rate of 5% interest per annum. The money borrowed shall be used to comp…
5 GCA § 22404 Transfer Authority: Capital Improvements
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There is hereby authorized an annual appropriation, for the purpose of supplementing, by transfer, any appropriation made for a capital improvement or other specific project, excluding annual operating appropriations. Such transfers may be made by the Governor, with the concurren…
5 GCA § 22405 Transfer Authority. Judiciary
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Notwithstanding any other provision of law, the Judicial Council is hereby authorized to transfer up to ten percent (10%) of funds appropriated by I Liheslatura to various divisions or categories within the Judicial Branch; provided, that notice of each transfer and justification…
5 GCA § 22406 Reversion of Appropriations
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Notwithstanding any other provision of law, unless any work has commenced and ten percent (10%) of the funds have been expended to accomplish the purpose of an appropriation for a capital improvement or a capital outlay, any such appropriation shall cease to be an appropriation a…
5 GCA § 22407 Entertainment Expenses Included in Certain
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Appropriations. Whenever the terms contingent expenses or contingent fund are used in any appropriation act, they shall include, but not be limited to, entertainment expenses for official purposes. SOURCE: GC § 6118.4 added by P.L. 13-118:3.
5 GCA § 22408 Charitable Donations
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The Governor is authorized to accept monetary donations, from any individual or organization, which shall be deposited in a separate fund by the Treasurer of Guam. Such donations shall, upon authorization by the Governor, be used and expended in accordance with the terms and cond…
5 GCA § 22409 Capital Improvement Highway Debt
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(a) The Governor of Guam is authorized to create a debt or debts of the government of Guam in aggregate principal amount not to exceed Thirty-five Million Dollars for the purposes of implementing capital improvement highway projects; provided, however, that the terms and conditio…
5 GCA § 22410 Revenues Pledged
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All or any part of the revenues from the taxes levied pursuant to Article 4, Chapter 26, 11 GCA Taxation, and from the license fees and penalties imposed pursuant to 16 GCA §§ 7136, 7159, 7170, 7171, 3102, 7173 and 11101 may be pledged to secure the repayment of any debt or debts…
5 GCA § 22411 Capital Improvements Funded by § 22409
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The Capital Improvement highway projects to be funded from the implementation of § 22409 and § 22410 of this Article are: 85-01 Reconstruction of Route 8, Phase 1 85-02 Reconstruction of Route 1 (from Y-Sengsong Road to Gayinero Road) 85-04 Interchange of Route 1 in Agana 85-05 R…
5 GCA § 22412 Employment of Residents Required
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No contract or subcontract may be awarded to any contractor providing services on the capital improvement projects funded from the implementation of § 22409 and § 22410 of this Article unless 75% of the persons employed by the contractor to work on such projects are residents of …