GCA Title 5, Chapter 2
5 GCA GOVERNMENT OPERATIONS CH. 2 LIEUTENANT GOVERNOR
CHAPTER 2 LIEUTENANT GOVERNOR
§ 2100. Lieutenant Governor as Acting Governor.
The Lieutenant Governor shall serve as Acting Governor of Guam as provided in the Organic Act of Guam. SOURCE: GC § 5600 added by P.L. 13-149:V:1.
§ 2101. Creation of the Guam State Clearinghouse.
(a) There is within the Office of I Segundu Na Maga’lahi [Lieutenant Governor] a bureau of the government of Guam which shall be known as the Guam State Clearinghouse. (b) Notwithstanding any other provision of law to the contrary, the Guam State Clearinghouse shall have exclusive purview at the Guam level over all Federal aid programs, grants, loans, contracts, contributions, appropriations, advances, direct Federal development and other Federal funding sources for the government of Guam. The Guam State Clearinghouse shall be headed by a Director, who shall be I Segundu Na Maga’lahi [the Lieutenant Governor], who shall determine the positions and
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staffing pattern of the Guam State Clearinghouse. SOURCE: GC § 5601 added by P.L. 13-149:V:1; repealed/reenacted by P.L. 17-25:III:2. Amended by P.L. 26-169:2 (Jan. 5, 2003), P.L. 31-168:1 (Jan. 4, 2012). 2017 NOTE: Subsection/subitem designations added/altered pursuant to the authority of 1 GCA § 1606. COMMENT: [To original section] The Legislature does not have the power to approve, with binding effect, by resolution any matter which will have the force and effect of law. See Attorney General Opinion PCF 85-1031; see also INS v. Chada, 103 S.Ct. 2754 (1983). In addition, the Organic Act, § 20, provides that the Legislature does not have the power to appropriate funds which have been appropriated already by the United States Congress. See Wong v. Camina, 2 Guam Rep. 132 (1978).
§ 2101.1. Duties and Responsibilities of the Guam State Clearinghouse.
In addition to the duties and responsibilities of the Guam State Clearinghouse as may be prescribed by I Segundu Na Maga’lahi [the Lieutenant Governor], or by law, the Guam State Clearinghouse shall also have the following duties and responsibilities: (a) Administer the initiation, coordination and review process of all governmental activities within the government of Guam involving Federal financial assistance. (b) Ensure that government grant proposals for Federal assistance are in accordance with plans, policies, programs, objectives and procedures of the government of Guam. (c) Ensure that proposed government projects for which Federal financial assistance is sought are fiscally and environmentally sound and are in compliance with all applicable Federal laws. (d) Ensure that the government of Guam complies with all applicable Federal laws relating to Federal financial assistance and that there exists sound tracking, management, and financial accountability for all Federal programs awarded to the government of Guam.
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(e) Perform cost analysis on all Federal aid programs, grants, loans, contracts, contributions, advances, direct Federal development or other Federal funding for the financial impact on the government of Guam’s General Fund or special funds used to fund the local matching requirement as prescribed by Federal law; and the financial impact on the government of Guam of continuing the Federal program by the government of Guam if the Federal funding expires. Said analysis shall describe the indirect costs the grantee government agency is eligible for, the amounts applied for and received from each grant, the previous year’s funding level and funding estimate for future years. Said analyses shall be performed as an integral part of the state clearinghouse process and submitted to the Speaker of I Liheslaturan Guåhan , the Chairperson of the Special Accounting Service, the Chairperson of the Special Economic Service, and the Director of the Bureau of Budget and Management Research within fifteen (15) days after completion. The cost analyses required hereby shall be included in I Maga’lahi’s Executive Budget request pursuant to Title 5 GCA § 4107(b). (f) With the exception of the Judiciary of Guam, the Guam Community College, the University of Guam, and the Guam Department of Education, and notwithstanding any other provision of law to the contrary, no application for any Federal aid programs, grants, loans, contracts, contributions, advances, direct Federal development, or other Federal funding shall be submitted or deemed approved on behalf of the government of Guam or any agency, division, office, department or instrumentality thereof, or any public corporation, without the final approval of the Director of the Guam State Clearinghouse. (g) The Judiciary of Guam, the Guam Community College, the University of Guam, and the Guam Department of Education shall provide a courtesy electronic or written copy of each grant application to the Guam State Clearinghouse and I Liheslaturan Guåhan . Copies of all communications between the Federal government grantor agency relative to the grant application process with the
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Judiciary of Guam, the Guam Community College, the University of Guam, or the Guam Department of Education, including all subsequent communications regarding the implementation and execution of the grant award, shall also be provided to the Guam State Clearinghouse and I Liheslaturan Guåhan . SOURCE: Added by P.L. 26-169:3 (Jan. 5, 2003). Subsection (e) amended and subsection (g) repealed by P.L. 29-019:VI:99 (Sept. 29, 2007). Amended by P.L. 31-168:1 (Jan. 4, 2012). Subsection (f) amended by P.L. 31-233:XII:34 (Sept. 7, 2012) and P.L. 33-024:2 (May 7, 2015). Subsection (g) added by P.L. 33-024:2 (May 7, 2015).
§ 2101.2. Transition.
(a) Sixty (60) days after this Act shall become law, any and all powers previously held by the Bureau of Budget and Management Research (‘BBMR’), and any other agency, council, board, office, officer or instrumentality of the government of Guam, or any public corporation, including, but not limited to, the Department of Administration, the Department of Agriculture, the Council on the Arts and Humanities, I Dipattamenton I Kaohao Guinahan Chamorro [Department of Chamorro Affairs], the Department of Public Health and Social Services, the Guam Behavioral Health and Wellness Center, the Guam Housing and Urban Renewal Authority, the Guam Economic Development and Commerce Authority, the Guam Health Coordinating Council, and the Hagåtña Restoration and Development Authority, with regard to the application for, receipt, disbursement, administration, oversight and review of any Federal aid programs, grants, loans, contracts, contributions, advances, direct Federal development, and other Federal funding sources for Guam, shall cease and shall thereupon be assumed by the Guam State Clearinghouse. (b) Not later than sixty (60) days after this Act shall become law, all agencies, departments, councils, boards, divisions, offices or instrumentalities of the government of Guam, and all public corporations, shall submit to I Segundu Na Maga’lahi [the Lieutenant Governor] a full and complete listing of all existing Federal aid programs, grants, loans, contracts, contributions, advances, direct Federal development, and any other Federal funding sources over which each respective agency, department,
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council, board, division, office, public corporation or instrumentality has been involved in overseeing, administering or reviewing. Each such agency, department, division, office, public corporation or instrumentality shall render its full cooperation and assistance to I Segundu Na Maga’lahi [the Lieutenant Governor] to facilitate the transfer of authority over such programs, grants, loans, contracts, contributions, advances, direct Federal development and any other Federal funding sources to the Guam State Clearinghouse. SOURCE: Added by P.L. 26-169:4 (Jan. 5, 2003). 2017 NOTE: Subsection designations added pursuant to the authority of 1 GCA § 1606. 2013 NOTE: Pursuant to P.L. 32-024:2 (May 6, 2013), which renamed the Department of Mental Health and Substance Abuse (DMHSA) to the Guam Behavioral Health and Wellness Center, all references to DMHSA were altered to the Guam Behavioral Health and Wellness Center.
§ 2101.3. Judiciary of Guam, UOG, GCC and DOE Exemptions.
The Judiciary of Guam, the University of Guam, the Guam Community College, and the Guam Department of Education shall be exempted from the provisions prescribed in Title 5 GCA §§ 2101, 2101.1 and 2101.2. However, the Administrator of the Courts, the Presidents of the University of Guam and the Guam Community College, and the Superintendent of the Guam Department of Education shall separately perform the following duties and responsibilities: (a) administer the initiation, coordination and review process of all activities within the institution involving Federal financial assistance; (b) ensure that grant proposals for Federal assistance are in accordance with plans, policies, programs, objectives and procedures of the government of Guam; (c) ensure that proposed projects for which Federal financial assistance is sought are fiscally and environmentally sound and are in compliance with all applicable Federal laws;
- (d) ensure that the institution complies with all
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applicable Federal laws relating to Federal financial assistance, and that there exists sound tracking, management, and financial accountability for all Federal programs awarded to the institution; (e) perform a cost analysis on all Federal aid programs, grants, loans, contracts, contributions, advances, direct Federal development, or other Federal funding that the institution is applying for, for the financial impact on the institution and the government of Guam’s General Fund or special funds used to fund the local matching requirement as prescribed by Federal law; and the financial impact on the institution and the government of Guam for the continuation of the Federal program should the Federal funding expire and require the government of Guam to financially assume the program’s operation one hundred percent (100%); (f) provide a courtesy electronic or written copy of each grant application to the Guam State Clearinghouse and I Liheslaturan Guåhan , including all communications between the Federal government grantor agency relative to the grant application process and the subsequent implementation and execution of the grant award; and (g) the Administrator of the Courts, the Presidents of the University of Guam and the Guam Community College, and the Superintendent of the Guam Department of Education may delegate any of the foregoing duties and responsibilities to any officers or employees of their respective institution. SOURCE: Added by P.L. 26-169:5 (Jan. 5, 2003), amended by P.L. 31233:XII:35 (Sept. 7, 2012) and P.L. 33-024:3 (May 7, 2015).
§ 2102. Clearinghouse for Emergency Relief.
(a) The Office of Lieutenant Governor shall be designated the clearinghouse for all programs or projects directly or indirectly related to the Territory’s recovery, reconstruction and general public services rehabilitation resulting from the ravages of typhoons, tropical storms, earthquakes, tidal waves and territorial disasters as they may occur.
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(b) All related construction projects must have the initial review of the Bureau of Planning and the Bureau of Budget and Management Research prior to submission to the Lieutenant Governor for approval, and must be submitted by the Lieutenant Governor to the Speaker for Legislative review and approval prior to implementation. (c) Exceptions to this provision include projects of an emergency nature relating to the preservation of life and property. SOURCE: GC § 5602 added by P.L. 13-149:V:1; repealed/reenacted by P.L. 17-025:III:2. 2017 NOTE: Subsection designations added pursuant to the authority of 1 GCA § 1606. COMMENT: The Organic Act, § 20, provides that the Legislature does not have the power to appropriate funds which have been appropriated already by the United States Congress. See Wong v. Camina , 2 Guam Rep. 132 (1978). The Legislature does not have the power to approve, with binding effect, by resolution any matter which will have the force and effect of law. See Attorney General Opinion PCF 85-1031; see also INS v. Chada, 103 S.Ct. 2754 (1983). Since this section does not specify the type of legislative approval required, the Compiler assumes that such approval will be given or withheld in conformity with the Organic Act.
§ 2103. Budget Authorization.
There is hereby authorized an annual budget for the Office of the Lieutenant Governor beginning with Fiscal Year 1977. This is to ensure the effective discharge of the responsibilities and duties of the Office of the Lieutenant Governor as an office separate from that of the Governor pursuant to Section 6 of the Organic Act of Guam and of this Chapter. Notwithstanding any provision of the law, rule, or regulation or Executive Order to the contrary, the funds allocated shall be administered solely by the Lieutenant Governor of Guam and expended upon his authorization for the purposes of the allocation. SOURCE: GC § 5603 added by P.L. 14-6:6.
§ 2103.1. Lieutenant Governor’s Appointment Powers.
The Lieutenant Governor of Guam shall have exclusive authority to appoint and remove officers and employees within
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the Office of the Lieutenant Governor, the Guam State Clearinghouse, and all other offices that may be established and placed under the purview or direction of the Lieutenant Governor of Guam. SOURCE: Added by P.L. 28-145:2 (Aug. 15, 2006).
§ 2103.2. Suspension of Salary of I Segundu Na Maga’lahen Guåhan .
In the event that the annual operating budget for the government of Guam expires and no new annual operating budget has been enacted into law in accordance with the Organic Act, or rolled over from the previous year, then the salary of I Segundu Na Maga’lahen Guåhan shall be suspended and will