Chapter 2

5 GCA GOVERNMENT OPERATIONS CH. 2 LIEUTENANT GOVERNOR 1 CHAPTER 2 LIEUTENANT GOVERNOR Article 1. Lieutenant Governor. Article 2. The Guam Product Seal Task Force Act. § 2100. Lieutenant Governor as Acting Governor. § 2101. Creation of the Guam State Clearinghouse. § 2101.1. Duties and Responsibilities of the Guam S tate Clearinghouse. § 2101.2. Transition. § 2101.3. UOG and GCC Exemptions. § 2102. Clearinghouse for Emergency Relief. § 2103. Budget Authorization. § 2103.1. Lieutenant Governor’s Appointment Powers. § 2103.2. Suspension of Salary of I Segundu Na Maga’lahen Guåhan . § 2104. Beautification Task Force. § 2105. Environmental Clearinghouse for Federal Lan d Transfers. § 2106. Salary of I Segundu na Maga’lahen Guåhan. § 2100. Lieutenant Governor as Acting Governor. The Lieutenant Governor shall serve as Acting Gover nor 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.

f 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 t he contrary, the Guam State Clearinghouse shall have exclusive purview at the Guam level over all Federal aid prog rams, grants, loans, contracts, contributions, appropriations, ad vances, direct Federal development and other Federal funding sourc es 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 COL8/13/20205 GCA GOVERNMENT OPERATIONS CH. 2 LIEUTENANT GOVERNOR 2 staffing pattern of the Guam State Clearinghouse. SOURCE: GC § 5601 added by P.L. 13-149:V:1; repealed/reenac ted by P.L. 17-25:III:2.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 pursu ant to the authority of 1 GCA § 1606. COMMENT: [To original section] The Legislature does not have the power to approve, with binding effect, by resolutio n any matter

esignations added/altered pursu ant to the authority of 1 GCA § 1606. COMMENT: [To original section] The Legislature does not have the power to approve, with binding effect, by resolutio n 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 t he 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 t he Guam State Clearinghouse as may be prescribed by I Segundu Na Maga’lahi [the Lieutenant Governor], or by law, the Guam Stat e Clearinghouse shall also have the following duties and responsibilities: (a) Administer the initiation, coordination and rev iew process of all governmental activities within the government of Guam involving Federal financial assi stance. (b) Ensure that government grant proposals for Federal assistance are in accordance with plans, po licies, programs, objectives and procedures of the

of Guam involving Federal financial assi stance. (b) Ensure that government grant proposals for Federal assistance are in accordance with plans, po licies, programs, objectives and procedures of the governme nt of Guam. (c) Ensure that proposed government projects for which Federal financial assistance is sought are fi scally and environmentally sound and are in compliance with al l applicable Federal laws. (d) Ensure that the government of Guam complies with all applicable Federal laws relating to Federa l financial assistance and that there exists sound tracking, management, and financial accountability for all Fe deral programs awarded to the government of Guam. COL8/13/20205 GCA GOVERNMENT OPERATIONS CH. 2 LIEUTENANT GOVERNOR 3 (e) Perform cost analysis on all Federal aid progra ms, grants, loans, contracts, contributions, advances, direct Federal development or other Federal funding for the financial impact on the government of Guam’s Genera l Fund or special funds used to fund the local matching requirement as prescribed by Federal law; and the f inancial impact on the government of Guam of continuing the Federal program by the government of Guam if the Federal funding

und the local matching requirement as prescribed by Federal law; and the f inancial 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, t he 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 submitt ed 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 af ter 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, t he Guam Community College, the University of Guam, and the Guam Department of Education, and notwithstandi ng any other provision of law to the contrary, no appl ication for any Federal aid programs, grants, loans, contra cts,

the University of Guam, and the Guam Department of Education, and notwithstandi ng any other provision of law to the contrary, no appl ication for any Federal aid programs, grants, loans, contra cts, 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 instrumenta lity thereof, or any public corporation, without the fin al approval of the Director of the Guam State Clearing house. (g) The Judiciary of Guam, the Guam Community College, the University of Guam, and the Guam Depar tment 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 grant or agency relative to the grant application process wi th the COL8/13/20205 GCA GOVERNMENT OPERATIONS CH. 2 LIEUTENANT GOVERNOR 4 Judiciary of Guam, the Guam Community College, the University of Guam, or the Guam Department of Educa tion, including all subsequent communications regarding t he implementation and execution of the grant award,

Guam, the Guam Community College, the University of Guam, or the Guam Department of Educa tion, including all subsequent communications regarding t he 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). S ubsection (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 (M ay 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, incl uding, but not limited to, the Department of Administration, t he Department of Agriculture, the Council on the Arts and Humanit ies, I Dipattamenton I Kaohao Guinahan Chamorro [Department of Chamorro Affairs], the Department of Public Health and Social Services, the Guam Behavioral

culture, the Council on the Arts and Humanit ies, I Dipattamenton I Kaohao Guinahan Chamorro [Department of Chamorro Affairs], the Department of Public Health and Social Services, the Guam Behavioral Health and Wellness C enter, the Guam Housing and Urban Renewal Authority, the Guam Economic Development and Commerce Authority, the Gu am Health Coordinating Council, and the Hagåtña Restor ation and Development Authority, with regard to the applicati on for, receipt, disbursement, administration, oversight an d review of any Federal aid programs, grants, loans, contracts, contributions, advances, direct Federal development, and other Fed eral funding sources for Guam, shall cease and shall thereupon b e assumed by the Guam State Clearinghouse. (b) Not later than sixty (60) days after this Act s hall become law, all agencies, departments, councils, boards, d ivisions, offices or instrumentalities of the government of G uam, 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, con tributions, advances, direct Federal development, and any other Federal

’lahi [the Lieutenant Governor] a full and complete listing of all existing Federal aid programs, grants, loans, contracts, con tributions, advances, direct Federal development, and any other Federal funding sources over which each respective agency, department, COL8/13/20205 GCA GOVERNMENT OPERATIONS CH. 2 LIEUTENANT GOVERNOR 5 council, board, division, office, public corporatio n or instrumentality has been involved in overseeing, ad ministering or reviewing. Each such agency, department, divisio n, 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, contributi ons, advances, direct Federal development and any other Federal fu nding 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 autho rity of 1 GCA § 1606. 2013 NOTE: Pursuant to P.L. 32-024:2 (May 6, 2013), which re named the Department of Mental Health and Substance Abuse (DMHSA) to the Guam Behavioral Health and Wellness Center, all ref erences to DMHSA

3 NOTE: Pursuant to P.L. 32-024:2 (May 6, 2013), which re named the Department of Mental Health and Substance Abuse (DMHSA) to the Guam Behavioral Health and Wellness Center, all ref erences to DMHSA were altered to the Guam Behavioral Health and Well ness 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 Educa tion shall be exempted from the provisions prescribed in Titl e 5 GCA §§ 2101, 2101.1 and 2101.2. However, the Administra tor of the Courts, the Presidents of the University of Guam an d the Guam Community College, and the Superintendent of the Gu am Department of Education shall separately perform the following duties and responsibilities: (a) administer the initiation, coordination and rev iew process of all activities within the institution in volving Federal financial assistance; (b) ensure that grant proposals for Federal assista nce are in accordance with plans, policies, programs, o bjectives and procedures of the government of Guam; (c) ensure that proposed projects for which Federal financial assistance is sought are fiscally and environmentally

th plans, policies, programs, o bjectives 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 al l applicable Federal laws; (d) ensure that the institution complies with all COL8/13/20205 GCA GOVERNMENT OPERATIONS CH. 2 LIEUTENANT GOVERNOR 6 applicable Federal laws relating to Federal financi al assistance, and that there exists sound tracking, management, and financial accountability for all Fe deral 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 fundin g that the institution is applying for, for the financial impact on the institution and the government of Guam’s General Fu nd or special funds used to fund the local matching requi rement as prescribed by Federal law; and the financial imp act on the institution and the government of Guam for the continuation of the Federal program should the Fede ral funding expire and require the government of Guam t o financially assume the program’s operation one

itution and the government of Guam for the continuation of the Federal program should the Fede ral funding expire and require the government of Guam t o financially assume the program’s operation one hund red percent (100%); (f) provide a courtesy electronic or written copy o f each grant application to the Guam State Clearingho use and I Liheslaturan Guåhan , including all communications between the Federal government grantor agency relat ive to the grant application process and the subsequent implementation and execution of the grant award; an d (g) the Administrator of the Courts, the Presidents of the University of Guam and the Guam Community Colle ge, and the Superintendent of the Guam Department of Education may delegate any of the foregoing duties and responsibilities to any officers or employees of th eir respective institution. SOURCE: Added by P.L. 26-169:5 (Jan. 5, 2003), amended by P.L. 31- 233: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 desi gnated the clearinghouse for all programs or projects dire ctly or indirectly related to the Territory’s recovery, rec

ghouse for Emergency Relief. (a) The Office of Lieutenant Governor shall be desi gnated the clearinghouse for all programs or projects dire ctly or indirectly related to the Territory’s recovery, rec onstruction and general public services rehabilitation resulting fr om the ravages of typhoons, tropical storms, earthquakes, tidal wa ves and territorial disasters as they may occur. COL8/13/20205 GCA GOVERNMENT OPERATIONS CH. 2 LIEUTENANT GOVERNOR 7 (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 Lieu tenant 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 o f an emergency nature relating to the preservation of li fe and property. SOURCE: GC § 5602 added by P.L. 13-149:V:1; repealed/reenac ted by P.L. 17-025:III:2. 2017 NOTE: Subsection designations added pursuant to the autho rity of 1 GCA § 1606. COMMENT: The Organic Act, § 20, provides that the Legislatur e does not have the power to appropriate funds which have

NOTE: Subsection designations added pursuant to the autho rity of 1 GCA § 1606. COMMENT: The Organic Act, § 20, provides that the Legislatur e 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 spec ify the type of legislative approval required, the Compiler assumes that such approval will be given or withheld in conformity with the Or ganic Act. § 2103. Budget Authorization. There is hereby authorized an annual budget for the Office of the Lieutenant Governor beginning with Fiscal Ye ar 1977. This is to ensure the effective discharge of the re sponsibilities and duties of the Office of the Lieutenant Governor as an office separate from that of the Governor pursuant to Sect ion 6 of the Organic Act of Guam and of this Chapter.

rge of the re sponsibilities and duties of the Office of the Lieutenant Governor as an office separate from that of the Governor pursuant to Sect ion 6 of the Organic Act of Guam and of this Chapter. Notwithsta nding any provision of the law, rule, or regulation or Execut ive 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 exclusiv e authority to appoint and remove officers and employ ees within COL8/13/20205 GCA GOVERNMENT OPERATIONS CH. 2 LIEUTENANT GOVERNOR 8 the Office of the Lieutenant Governor, the Guam Sta te Clearinghouse, and all other offices that may be es tablished and placed under the purview or direction of the Lieute nant 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 t he government of Guam expires and no new annual operating budget has been enacted into law in

pension of Salary of I Segundu Na Maga’lahen Guåhan . In the event that the annual operating budget for t he 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 th e salary of I Segundu Na Maga’lahen Guåhan shall be suspended and will resume prospectively only when a new annual operating budget for the government of Guam is enacted into law. Th is § 2103.2 shall be subject to the following provisions: (a) Such suspension of salary shall not take place if the failure to enact an annual budget is due to an emer gency resulting from a natural or other disaster, or host ile action. (b) The government of Guam’s share of retirement, Social Security, and health and other insurance pay ments shall be the individual responsibility of I Segundu Na Maga’lahen Guåhan for the suspension period. SOURCE: Added by P.L. 31-071:2(b) (May 24, 2011). § 2104. Beautification Task Force. (a) The Lieutenant Governor shall appoint an Islandwide Beautification Task Force, consisting of: (1) the Director of the Guam Visitors Bureau; (2) the Director of the Department of Public Works; (3) the

The Lieutenant Governor shall appoint an Islandwide Beautification Task Force, consisting of: (1) the Director of the Guam Visitors Bureau; (2) the Director of the Department of Public Works; (3) the Director of the Department of Parks and Recreation; (4) the Director of the Department of Agriculture; (5) the Director of the Department of Corrections; COL8/13/20205 GCA GOVERNMENT OPERATIONS CH. 2 LIEUTENANT GOVERNOR 9 (6) the Director of the Guam Environmental Protection Agency; (7) one (1) member of the Mayors Council of Guam (MCOG) who is appointed by the MCOG; and (8) other members as the Chairperson deems necessary. The Task Force shall be under the direction of the Office of the Lieutenant Governor, who shall serve as Chairpe rson of the Task Force. (b) The Task Force shall work in conjunction with the Mayors Council of Guam and existing government agen cies and private individuals and organizations to beautify a nd promote Guam. Its function shall include, but not be limited to, the coordination of efforts for: (1) the clearing of overgrown weeds or trees; (2) the planting of plants or flowers, especially n ative flora; (3) the restoration of graffiti-inflicted structure s

, the coordination of efforts for: (1) the clearing of overgrown weeds or trees; (2) the planting of plants or flowers, especially n ative flora; (3) the restoration of graffiti-inflicted structure s along the island’s highways and scenic areas; (4) implementing other beautification projects; (5) preventing littering, preventing the illegal di sposal of waste at unauthorized sites, and preventing the destruction of public facilities, including parks a nd beaches; (6) establishing education, training, or programs o f the same; and (7) addressing other pertinent issues. (c) The Task Force shall purchase only those horticultural products grown on Guam. SOURCE: Added by P.L. 23-19:1 (May 30, 1995). Amended by P. L. 35- 056:1 (Nov. 27, 2019). § 2105. Environmental Clearinghouse for Federal Lan d Transfers. COL8/13/20205 GCA GOVERNMENT OPERATIONS CH. 2 LIEUTENANT GOVERNOR 10 The Office of Lieutenant Governor shall be designat ed the Environmental Clearinghouse for all federal land tr ansfers as they relate specifically to Environmental review an d restoration concerns. All Environmental review for clean-up of federal land transfers must have the initial review of the Burea u of

r ansfers as they relate specifically to Environmental review an d restoration concerns. All Environmental review for clean-up of federal land transfers must have the initial review of the Burea u of Planning, the Department of Land Management, the Guam Environ mental Protection Agency, the Department of Law and any af fected agency of the government of Guam as determined by t he Lieutenant Governor. (a) The Bureau of Planning shall serve as the lead agency under the direction of the Lieutenant Govern or for overall Environmental Clearinghouse transactions an d shall collect and distribute records, reports and other r elevant information essential for review and ensuring compl iance with federal and Government of Guam statutes and regulations. (b) The Department of Land Management shall authenticate and evaluate land related documents an d data. (c) The Guam Environmental Protection Agency shall evaluate environmental studies and other associated documents and data and generally carry out its role as the lead Government of Guam agency for environmental matters. In particular, Environmental Baseline Sur veys conducted under federal CERCLA and CERFA shall be thoroughly evaluated and

out its role as the lead Government of Guam agency for environmental matters. In particular, Environmental Baseline Sur veys conducted under federal CERCLA and CERFA shall be thoroughly evaluated and appropriate recommendation s shall be formulated and submitted to the Lieutenant Governor of Guam. (d) The Department of Law shall review and advise on the acceptability of land deed agreements with resp ect to environmental clean-up actions as they apply to Gua m laws and federal laws. (e) Agencies involved in the Environmental Clearinghouse review shall conduct necessary inquir ies, fact finding investigations and evaluations as directed by the Lieutenant Governor and submit findings and recommendations to the Bureau of Planning. COL8/13/20205 GCA GOVERNMENT OPERATIONS CH. 2 LIEUTENANT GOVERNOR 11 (f) The Bureau of Planning shall prepare the Environmental Clearinghouse review summary report u nder the title CLEARINGHOUSE RECORD OF REVIEW for the signature of the Lieutenant Governor. This rep ort shall be filed with land records documentation at the Dep artment of Land Management. (g) Additionally, the Guam Environmental Protectio n Agency shall prepare for the Office of the Governor

rep ort shall be filed with land records documentation at the Dep artment of Land Management. (g) Additionally, the Guam Environmental Protectio n Agency shall prepare for the Office of the Governor and the Guam Legislature an annual assessment report due th e following March 31st of the reporting year. The pu rpose of the report is to ensure proper follow-up and monito ring for satisfactory progress on any and all outstanding environmental restoration work or actions as mandat ed by law and regulations regarding lands that have been transferred from the federal government. (h) The Environmental Clearinghouse shall ensure proper and expeditious return of federally-held exc ess lands and, furthermore, strive to ensure that all necessa ry and essential environmental evaluation and restoration works are effectively carried out. SOURCE: Added by P.L. 23-101:2 (June 24, 1996). 2020 NOTE: Subsection designations altered pursuant to the aut hority of 1 GCA § 1606. 2017 NOTE: Subsection designations added/altered pursuant to t he authority of 1 GCA § 1606. § 2106. Salary of I Segundu Na Maga’låhen Guåhan .

ons altered pursuant to the aut hority of 1 GCA § 1606. 2017 NOTE: Subsection designations added/altered pursuant to t he authority of 1 GCA § 1606. § 2106. Salary of I Segundu Na Maga’låhen Guåhan . Notwithstanding any other provision of law, rule or regulation, policy, or procedure, the salary of I Segundu Na Maga’låhen Guåhan [the Lieutenant Governor of Guam] shall be paid at the rate of Eighty-five Thousand Dollars ($85,000) per annum. SOURCE: Added by P.L. 34-009:4 (May 23, 2017) as 5 GCA § 2100.1. Codified to this section by the Compiler. 2017 NOTE: P.L. 34-009:5 stated the following: Section 5. Effective Date. Notwithstanding any other provision of law, rule or regulation to the contrary, the pro visions of this Act shall become effective ten (10) days after enactment. COL8/13/20205 GCA GOVERNMENT OPERATIONS CH. 2 LIEUTENANT GOVERNOR 12 --------- ARTICLE 2 THE GUAM PRODUCT SEAL TASK FORCE ACT SOURCE: Article 2 added by P.L. 31-150:2 (Nov. 21, 2011). § 2201. Short Title. § 2202. Guam Product Seal Task Force, Established. § 2203. Convening of the Guam Product Seal Task For ce. § 2204. Composition of Guam Product Seal Task Force . § 2205. Duties of Task Force. § 2206.

§ 2202. Guam Product Seal Task Force, Established. § 2203. Convening of the Guam Product Seal Task For ce. § 2204. Composition of Guam Product Seal Task Force . § 2205. Duties of Task Force. § 2206. Conduct of Meetings. § 2201. Short Title. This Chapter shall be known as The Guam Product Seal Task Force Act . § 2202. Guam Product Seal Task Force, Established. (a) The Guam Product Seal Task Force is established for the special purpose of protecting the Guam brand by res tricting and or limiting the use of the word 'Guam' or ' Chamorro ', or a derivation of such words, on consumable commodities not made in Guam in order to promote and enhance the 'Made i n Guam' label and experience. (b) The Task Force shall provide policy direction and recommendations relative to coordination, planning, implementation, administration, promotion, complian ce and enforcement of the Guam Product Seal Permit program and accompanying administrative rules and regulations. 2017 NOTE: Subsection designations added pursuant to the autho rity of 1 GCA § 1606. § 2203. Convening of the Guam Product Seal Task For ce.

ram and accompanying administrative rules and regulations. 2017 NOTE: Subsection designations added pursuant to the autho rity of 1 GCA § 1606. § 2203. Convening of the Guam Product Seal Task For ce. The Guam Product Seal Task Force shall be under the direction of the Office of I Segundu Na Maga’lahi (the Lt. Governor) and convened pursuant to the provisions o f this Act. § 2204. Composition of Guam Product Seal Task Force . The composition of the Guam Product Seal Task Force shall COL8/13/20205 GCA GOVERNMENT OPERATIONS CH. 2 LIEUTENANT GOVERNOR 13 be as follows: I Sigundo Na Maga'hågan/Maga'låhen Guåhan (the Lieutenant Governor of Guam), who shall serve as the Chairperson; the Administrator of the Guam Economic Development Authority (GEDA), or his or her assigne d representative; who shall serve as Vice Chairperson ; the Director of the Guam Customs and Quarantine Agency (CQA), or his or her assigned representative; a representative from the Office of the Attorney General of Guam, designated by the Att orney General, who may appoint herself or himself; and on e (1) currently licensed holder of the Guam Product Seal appointed by I Maga'håga/Maga'låhi (the Governor).

al of Guam, designated by the Att orney General, who may appoint herself or himself; and on e (1) currently licensed holder of the Guam Product Seal appointed by I Maga'håga/Maga'låhi (the Governor). (a) The Task Force may invite additional public and private sector members to serve on sub-committees; provided, that they possess significant background, knowledge, and experience with locally produced pro ducts; and, the Task Force may prescribe special procedure s for their participation. (b) The Office of I Sigundo Na Maga'håga/Maga'låhi (the Lieutenant Governor) shall support the adminis trative needs of the Task Force. SOURCE: Added by P.L. 31-150:2 (Nov. 21, 2011). Amended by P.L. 35- 075:2 (Mar. 20, 2020). § 2205. Duties of Task Force. (a) The Task Force shall work collaboratively to create recommendations that will develop a comprehensive G uam Product Seal Permit Program with the overall goal o f enhancing and better promoting products that are 'Made in Gua m.' (b) Its function shall include, but is not limited to, recommending policy and adoption of a comprehensive Guam Product Seal Program that promotes the Guam brand i n products manufactured in Guam or 'Made in Guam'.

n shall include, but is not limited to, recommending policy and adoption of a comprehensive Guam Product Seal Program that promotes the Guam brand i n products manufactured in Guam or 'Made in Guam'. The Task F orce shall address the following in its findings and recommen dations: (1) to create a mission statement and objective of the Guam Product Seal Program; (2) the assignment of the administrative functions of the Guam Product Seal (GPS) Program; i.e., which Ag ency COL8/13/20205 GCA GOVERNMENT OPERATIONS CH. 2 LIEUTENANT GOVERNOR 14 shall have administrative oversight over the Progra m; the Office of the Lt. Governor may decide to retain administrative functions of the program; (3) address intellectual property rights and concer ns relative to the words 'Guam,' ' Guåhan ,' ' CHamoru ,' 'Chamorro ,' and derivations thereof in any other language or characters; (4) develop a feasible program funding and continui ty plan, and a budgetary proposal; (5) evaluate the design of the current GPS label, a nd recommission if necessary; (6) clearly mark the delineation and assignment of the compliance and enforcement responsibilities, and th e authorities of respective regulatory and

urrent GPS label, a nd recommission if necessary; (6) clearly mark the delineation and assignment of the compliance and enforcement responsibilities, and th e authorities of respective regulatory and enforcemen t agencies relative to the provisions of the GPS prog ram; i.e. complaints, investigations and enforcement requirem ents; (7) identify and record all Guam Product Seal holde rs, and businesses that manufacture commodities for sal e in the tourism industry; (8) identify incentives and advantages that encoura ge participation in the program; (9) review the structure of fines and penalties to ensure maximum deterrence for violating the GPS mandate. V isit issues such as asset forfeiture; costs for addition al CQA cost recovery (administrative, destruction, storage, etc .); penalties (civil and criminal) for repeat offenders ; title and transfer of seized property not in compliance with the GPS statute; (10) make appropriate recommendations for legislati on to improve the Guam Product Seal Permit Program; recommendations shall include the following: (A) address country of origin label concerns; (B) address the use of the words 'Guam,' 'Guåhan ,' ' CHamoru ,' and ' Chamorro ,'

duct Seal Permit Program; recommendations shall include the following: (A) address country of origin label concerns; (B) address the use of the words 'Guam,' 'Guåhan ,' ' CHamoru ,' and ' Chamorro ,' and derivations thereof in any other language or charac ters; COL8/13/20205 GCA GOVERNMENT OPERATIONS CH. 2 LIEUTENANT GOVERNOR 15 (C) develop minimum standards, font size, and location of product origin on labels of consumable goods sold on Guam; (D) develop retail partnership and community buy-in for Guam products; (E) propose 'Made in Guam' incentives/programs; (F) strengthen compliance and enforcement schedules and guidelines; and (G) review the applicability of copyright and intellectual property infringement and trademark violations. (11) formulate an updated version of the Guam Produ ct Seal Permit Program. Such plan shall be submitted to I Liheslaturan Guåhan no later than one hundred twenty (120) days from the date of enactment of this Act; (12) execute fines for non-compliance of the Guam Product Seal mandates and its accompanying administ rative rules and regulations; and (13) perform all functions necessary to effectuate the mission of the Task Force as adopted.

mpliance of the Guam Product Seal mandates and its accompanying administ rative rules and regulations; and (13) perform all functions necessary to effectuate the mission of the Task Force as adopted. SOURCE: Added by P.L. 31-150:2 (Nov. 21, 2011). Subsection (b)(3) amended by P.L. 35-075:3 (Mar. 20, 2020). Subsectio n (b)(10)(B) amended by P.L. 35-075:4 (Mar. 20, 2020). 2017 NOTE: Subsection designations added/altered pursuant to t he authority of 1 GCA § 1606. § 2206. Conduct of Meetings, Quorum. (a) The Task Force shall meet biannually, and as ne eded to discuss and assess progress and recommendations. (b) Three (3) members of the Task Force shall const itute a quorum to do business, and the affirmative vote of three (3) members of the Task Force shall be required to take any action. SOURCE: Added by P.L. 31-150:2 (Nov. 21, 2011). Amended by P.L. 35-075:5 (Mar. 20, 2020). COL8/13/20205 GCA GOVERNMENT OPERATIONS CH. 2 LIEUTENANT GOVERNOR 16 2017 NOTE: Subsection designations added pursuant to the autho rity of 1 GCA § 1606. ---------- COL8/13/2020