Chapter 23

5 GCA GOVERNMENT OPERATIONS CH. 23 GOVERNMENT TRAVEL LAW 1 CHAPTER 23 GOVERNMENT TRA VEL LAW § 23101. Definitions. § 23102. Short Title. § 23103. Persons Authorized to Travel at Government Expense. § 23104. Per Diem Allowance. § 23105. Mileage Allowance. § 23106. Indirect Travel: Dependents. § 23107. Advancements. [Repealed] § 23108. Reporting and Accounting. § 23109. Rules and Regulations. § 23110. Limitation on Use of Travel Funds. [Repea led] § 23111. The Senator Edward J. Cruz Medical Referra l Mileage Bank Account Act. § 23112. Non-Employee Travel Justification Report s to Be Posted. § 23101. Definitions. As used in this Chapter: (a) Employee means an officer or employee of the Government, including the Governor, Lieutenant Gove rnor, members and attaches of the Legislature and Judges. (b) Per Diem Allowance means a daily flat rate of p ayment in lieu of actual lodging and meal expenses. (c) Travel expenses means necessary expenses incide ntal to official government travel, excluding expenses for lodging and meals. SOURCE: GC § 6610.1 repealed/reenacted by P.L. 15-58:1. § 23102. Short Title. This Chapter may be cited as the Government Travel Law. SOURCE: GC § 6610.2 § 23103.

ding expenses for lodging and meals. SOURCE: GC § 6610.1 repealed/reenacted by P.L. 15-58:1. § 23102. Short Title. This Chapter may be cited as the Government Travel Law. SOURCE: GC § 6610.2 § 23103. Persons Authorized to Travel at Government Expense. The following are authorized to travel at governmen t expense while on official business: (a) Employees; COL12420155 GCA GOVERNMENT OPERATIONS CH. 23 GOVERNMENT TRAVEL LAW 2 (b) Dependents of employees while traveling inciden t to recruitment, termination, or home leave; (c) The spouse of the Governor, of the Speaker of t he Legislature, and the Chief Justice of the Supreme C ourt, and spouses of such other employees as may be provided by regulation; and (d) Persons rendering service to the government. SOURCE: GC § 6610.3. 2015 NOTE: Subsection (c) previously contained a reference t o 'Chief Judge of the Island Court,' which was changed to 'Presiding Judge of the Superior Court of Guam' in accordance with P.L. 12-085 (Jan. 16, 1974 ). This reference was changed to 'Chief Justice of the Supreme Court of G uam' pursuant to an amendment to § 22A(b)(2) of the Organic Act of Guam by Pub. L. 108-378:1(b) (Oct. 30, 2004). See 48 U.S.C.

. This reference was changed to 'Chief Justice of the Supreme Court of G uam' pursuant to an amendment to § 22A(b)(2) of the Organic Act of Guam by Pub. L. 108-378:1(b) (Oct. 30, 2004). See 48 U.S.C. § 1424-1(b)(2). § 23104. Per Diem Allowance. (a) Prior to departure, the employee shall receive an advance per diem allowance equal to the number of days of autho rized office travel multiplied by the current per diem allowance rate p rovided by the Federal government, contained in the Joint Travel R egulations, to its employees for the respective travel destinations wh en engaged in official business. (1) If the employee is the Governor, Lieutenant Gov ernor, a member of the Legislature, a Judge, or a Mayor or V ice-Mayor, the rates are One Hundred Thirty Percent (130%) of the basic per diem rates; (2) If the employee is an Executive Assistant or Sp ecial assistant to the Governor, director or deputy direc tor of any department, or member of the board of directors or commission of any autonomous agency, authority, line agency (incl uding the Council of the Arts and Humanities), authority, or public corporation, the rates are One Hundred and Twenty-f ive Percent (125%) of the basic

autonomous agency, authority, line agency (incl uding the Council of the Arts and Humanities), authority, or public corporation, the rates are One Hundred and Twenty-f ive Percent (125%) of the basic per diem rates. (b) Annually in March, the Governor for the Executi ve Branch and all autonomous agencies and public corporations, th e Chief Justice of the Supreme Court for the Judicial Branch and the Commi ttee on Rules for the Legislative Branch shall establish a policy wit h regard to advance COL12420155 GCA GOVERNMENT OPERATIONS CH. 23 GOVERNMENT TRAVEL LAW 3 payment for travel expenses. An employee may receiv e an advance allowance for travel expenses. (c) Within ten days following the return from offic ial travel, an employee may submit an itemized statement of accoun t supported by receipts, an affidavit, or both, of actual expenses incurred for lodging, meals and travel expenses actually incurred on offi cial business during the period of official travel. If the advances of t he per diem allowance and travel expenses allowance are less than the emp loyee's actual authorized expenses then he shall be reimbursed for the amount his actual expenses exceeded the advance

s of t he per diem allowance and travel expenses allowance are less than the emp loyee's actual authorized expenses then he shall be reimbursed for the amount his actual expenses exceeded the advance allowances. (d) If the employee does not submit a statement of account, then he shall submit an itinerary of his official travel wi thin ten days of his return. If the employee does not submit a statement of account, then he shall not be paid any money in excess of the advanc e per diem allowances and travel expense allowance. If the emp loyee received an excessive advance allowance, he shall reimburse the Government the excessive amount at the time he submits an itinerar y. (e) The Governor, the Lieutenant Governor, Senators and Judges may be reimbursed for expenses incurred in hosting appropriate persons while conducting official business for the governme nt of Guam. When seeking reimbursement under this subsection, the of ficial shall submit an itemized statement of account of the actual expense s incurred and a brief statement of the purpose for the meeting. (f) The Director of Administration shall annually i n March, in accordance with the Administrative Adjudication Law ,

e actual expense s incurred and a brief statement of the purpose for the meeting. (f) The Director of Administration shall annually i n March, in accordance with the Administrative Adjudication Law , establish a schedule of allowances for expenses of employees se nt off-island for training for more than 30 days. The provisions of s ubsections (a) through (e) of this Section shall not apply to an employee who is off-island receiving training for more than 30 days. Such an e mployee shall receive prior to departure the allowance for his expenses a ccording to the schedule established by the Director of Administrat ion. No report of actual expenses shall be required of a person who s pends more than 30 days off-island receiving training. Such an employe e shall not be entitled to reimbursement for actual expenses incurred even if they are greater than his allowance. (g) The provisions of this Chapter shall apply to a ll government of Guam employees and board and commission members inc luding, but not COL12420155 GCA GOVERNMENT OPERATIONS CH. 23 GOVERNMENT TRAVEL LAW 4 limited to those of the executive, legislative and judicial branches, autonomous agencies, authorities, and public

luding, but not COL12420155 GCA GOVERNMENT OPERATIONS CH. 23 GOVERNMENT TRAVEL LAW 4 limited to those of the executive, legislative and judicial branches, autonomous agencies, authorities, and public corpor ations including, but not limited to the Guam Economic Development Author ity, Guam Election Commission, Government House, Public Defen der Corporation, Guam Visitors Bureau, University of Guam, Public Ut ility Agency of Guam, Guam Telephone Authority, Guam Housing and Ur ban Renewal Authority, Guam Memorial Hospital Authority, Port A uthority of Guam, Guam Housing Corporation, Guam Airport Authority, G uam Power Authority, and dependents or spouses authorized to accompany the employee on official travel. SOURCE: GC § 6610.4 amended by P.L. 10-6, 11-73, 11-194; re pealed/ reenacted by P.L. 15-58:2. Subsection (a) amended by P.L. 15- 125:14; amended by P.L. 20- 214:2; repealed and reenacted by P.L. 20-224:12 (12 /24/90); amended by P.L. 28- 068:IV:114 (Sept. 30, 2005). Subsection (f) amended effective January 1, 2006 to replace 'Civil Service Commission' with 'Director o f Administration' pursuant to P.L. 28-68:IV:45 (Sept. 30, 2005). Subsection (a)( 1) amended by P.L.

ection (f) amended effective January 1, 2006 to replace 'Civil Service Commission' with 'Director o f Administration' pursuant to P.L. 28-68:IV:45 (Sept. 30, 2005). Subsection (a)( 1) amended by P.L. 30-101:24 (Mar. 12, 2010). 2015 NOTE: Pursuant to an amendment to § 22A(b)(2) of the Or ganic Act of Guam by Pub. L. 108-378:1(b) (Oct. 30, 2004), refer ences to 'Presiding Judge' have been changed to 'Chief Justice of the Supreme Court of Guam.' See 48 U.S.C. § 1424-1(b)(2). § 23105. Mileage Allowance. Persons authorized to travel at government expense shall, in accordance with regulations and whenever such mode of transportation is authorized or approved as more advantageous to the government, be paid in lieu of transportation a maximum personal vehicl e mileage allowance rate equal to the mileage reimbursement rate provid ed by the Federal government, contained in the Federal Travel Regulat ions, to its employees for the use of personal vehicles when eng aged on official business. SOURCE: GC § 6610.5. Amended by P.L. 14-119, P.L. 15-87. Re pealed and reenacted by P.L. 21-14:19(b). Amended by P.L. 28-0 68:IV:113 (Sept. 30, 2005). § 23106. Indirect Travel & Dependents.

business. SOURCE: GC § 6610.5. Amended by P.L. 14-119, P.L. 15-87. Re pealed and reenacted by P.L. 21-14:19(b). Amended by P.L. 28-0 68:IV:113 (Sept. 30, 2005). § 23106. Indirect Travel & Dependents. Indirect travel, and travel for dependents when acc ompanying employees on official business other than travel pr ovided under § 23103(b) of this Chapter may be authorized in accor dance with regulations, provided that any such travel is not a t any additional expense to the government. COL12420155 GCA GOVERNMENT OPERATIONS CH. 23 GOVERNMENT TRAVEL LAW 5 SOURCE: GC § 6610.6. § 23107. Advancements. [Repealed.] SOURCE: Repealed by P.L. 15-58:3. § 23108. Reporting and Accounting. The Executive, Legislative and Judicial Branches of the government of Guam shall each have exclusive jurisdiction and control with regard to persons under their supervision or authority or cog nizance authorized to travel at government expense and in all matters rel ating to travel of dependents, allowances, provisions for travel autho rization, indirect travel, advancements (including recovery thereof), reporting and accounting for expenditures, and reimbursements of expenses of such persons.

llowances, provisions for travel autho rization, indirect travel, advancements (including recovery thereof), reporting and accounting for expenditures, and reimbursements of expenses of such persons. The members of the Legislature shall accou nt to the Committee on Rules of the Legislature as to their expenditure of travel funds authorized by this Chapter in accordance with legis lative rules and regulations. SOURCE: GC § 6610.8. § 23109. Rules and Regulations. This Chapter may be implemented by rules and regula tions to be issued by the Governor with regard to the Executive Branch, by rules or resolutions with regard to the Legislature, and by rules of the Judicial Council with regard to the Judicial Branch. SOURCE: GC § 6610.9. § 23110. Limitation on Use of Travel Funds. [Repealed.] SOURCE: Repealed by P.L. 21-42 Chapter V:16. § 23111. The Senator Edward J. Cruz Medical Referr al and Education Mileage Program. (a) Title. This Section may be cited and referred to as the 'Senator Edward J. Cruz Medical Referral and Education Milea ge Program.' (b) Medical Referral and Education Mileage Program .

age Program. (a) Title. This Section may be cited and referred to as the 'Senator Edward J. Cruz Medical Referral and Education Milea ge Program.' (b) Medical Referral and Education Mileage Program . There is hereby created within the government of Guam and ac crued travel mileage program for the use of travel mileage earne d as a result of all COL12420155 GCA GOVERNMENT OPERATIONS CH. 23 GOVERNMENT TRAVEL LAW 6 purchases made by the government of Guam through th e use of government of Guam credit card purchases. This pro gram shall be known as the Senator Edward J. Cruz Medical Referra l and Education Mileage Program (MREMP) to be administered by the D epartment of Administration for all travel conducted by employee s of the Executive Branch of the government of Guam. The Guam Legisla ture, the Unified Judiciary of Guam, and other agencies, instrumental ities, autonomous agencies, and public corporations of the government of Guam that purchase airline tickets through the use of credit cards, shall administer their respective accrued travel mileage programs pu rsuant to the requirements of this Section. (c) Definitions.

f Guam that purchase airline tickets through the use of credit cards, shall administer their respective accrued travel mileage programs pu rsuant to the requirements of this Section. (c) Definitions. For the purposes of this Section the following words and phrases are defined to mean: (1) Account means the Senator Edward J. Cruz Medic al Referral and Education Mileage Program established under this Section. (2) Accrued mileage means those miles accrued by t he government of Guam, specifically the Department of Administration, the Guam Legislature, the Unified J udiciary of Guam, and other agencies, instrumentalities, autono mous agencies, and public corporations of the government of Guam t hat use credit cards to purchase airline tickets. (3) Employee means all persons employed within the government of Guam, whether classified, unclassifie d, full-time, part-time, temporary, or on a limited-term basis; a ll elected officials, judges, mayors, individual consultants, and members of boards and commissions. (4) Travel benefit means a program designed by an airline that awards accrued mileage and benefit programs to its clients. (d) Requirement.

ividual consultants, and members of boards and commissions. (4) Travel benefit means a program designed by an airline that awards accrued mileage and benefit programs to its clients. (d) Requirement. All accrued mileage earned throu gh the use of credit cards for travel by employees of the legisla tive, judicial and executive branches, including, but not limited to, all government agencies, instrumentalities, autonomous and semi-au tonomous agencies, public corporations, the University of Guam, the Gu am Community College, the Guam Visitors Bureau, the Department o f Education, all elected officials, individual consultants of the go vernment of Guam, and COL12420155 GCA GOVERNMENT OPERATIONS CH. 23 GOVERNMENT TRAVEL LAW 7 members of boards and commissions, as well as non-g overnment persons traveling at government of Guam or federal governme nt expense, shall be available to support off-island medical care, an d off-island student travel involving academic, sports and cultural acti vities. The following agencies, instrumentalities, and auto nomous agencies of the government of Guam shall use their respectiv e accrued mileage account to support off-island medical referrals and

i vities. The following agencies, instrumentalities, and auto nomous agencies of the government of Guam shall use their respectiv e accrued mileage account to support off-island medical referrals and off-island student travel based on the following distribution guidelin e: (1) Department of Administration - fifty percent (50%) of the accrued mileage maintained by this entity shall be used to send eligible students to participate at off-island acad emic activities, including, but not limited to, Close-Up and the Jun ior Statesmen of America. The remaining fifty percent (50%) shall be used to support off-island medical referrals pursuant to Su bsection (f). (2) Department of Education, Guam Community College, University of Guam – one hundred percent (100%) of the accrued mileage maintained by these entities shall be used to send eligible students to participate at off-island academic acti vities, including, but not limited to, Close-Up and the Junior Statesm en of America. (3) Guam Power Authority, Guam Waterworks Authority – one hundred percent (100%) of the accrued mileage a ccount maintained by these entities shall be used to send eligible students to participate at off-island

wer Authority, Guam Waterworks Authority – one hundred percent (100%) of the accrued mileage a ccount maintained by these entities shall be used to send eligible students to participate at off-island sports competitions. (4) Antonio B. Won Pat Guam International Airport Authority, Guam Visitors Bureau, Jose D. Leon Guerr ero Port Authority of Guam – one hundred percent (100%) of t he accrued mileage maintained by this entity shall be used to send eligible students to participate at off-island cultural acti vities, including, but not limited to, arts and humanities competitions an d international cultural festivals and exchanges. (5) Guam Legislature, Unified Judiciary of Guam – one hundred percent (100%) of the accrued mileage maint ained by these entities shall be used to send eligible students to participate at off- island academic activities, including, but not limi ted to, Mock Trial and National Forensic League competitions. COL12420155 GCA GOVERNMENT OPERATIONS CH. 23 GOVERNMENT TRAVEL LAW 8 (6) All agencies, instrumentalities, autonomous agencie s, and public corporations of the government of Guam not m entioned in items (1) through (4) of this Subsection shall use their

NT TRAVEL LAW 8 (6) All agencies, instrumentalities, autonomous agencie s, and public corporations of the government of Guam not m entioned in items (1) through (4) of this Subsection shall use their accrued mileage to send eligible students to participate at off-island academic, sports and cultural activities, as author ized by the Superintendent of Education. (e) Eligibility. (1) The following persons are eligible for partici pation to receive the mileage for off-island medical care: (A) patients under the Medically Indigent Program; patients under other DPHSS income-based health prog rams as approved by the Director of the Department of Publi c Health and Social Services; and patients with serious medi cal illness and financial need as determined by the Director of DPHSS pursuant to the Administrative Adjudication Law. (B) all health care staff (physicians, nurses, tec hnicians) providing direct care to the patient being transpor ted, as approved by the Medical Director of the Guam Memori al Hospital Authority, or his/her designee. (2) Patient eligibility shall be based upon: (A) financial need as identified under the require ments of the Medically Indigent Program, or under

am Memori al Hospital Authority, or his/her designee. (2) Patient eligibility shall be based upon: (A) financial need as identified under the require ments of the Medically Indigent Program, or under the requir ements of other DPHSS income-based health programs, or by any other needs based requirements for patients with any medi cal illness as prescribed by the Director of the Department of Public Health and Social Services pursuant to the Administ rative Adjudication Law process; (B) lack of availability of required medical servi ces on Guam; and (C) urgency and severity of illness, as documented by an attending physician. (3) A GDOE student who is authorized by a committe e established by the Superintendent of Education to p articipate at an off-island academic, sports or cultural activity is also eligible for participation to receive the mileage benefits. COL12420155 GCA GOVERNMENT OPERATIONS CH. 23 GOVERNMENT TRAVEL LAW 9 (f) Authorized Use. Fifty percent (50%) of the ac crued mileage account, administered by the Department of Administ ration, shall be used to send patients off-island, through a certifi ed medical referral for patients, to a destination determined by the

d mileage account, administered by the Department of Administ ration, shall be used to send patients off-island, through a certifi ed medical referral for patients, to a destination determined by the patien t’s duly licensed physician with the concurrence of the Medically Ind igent Program Coordinator of the Department of Public Health and Social Services. (g) Other Travel Benefits. All other travel benef its, including, but not limited to, volume purchase discounts and accru ed number of ticket purchases for free flight benefits and promotional travel benefits shall be accrued and used for the purpose of this Program. T he Director of Administration shall establish procedures for manag ement of these benefits and for distribution as requested by the M edically Indigent Program Coordinator of the Department of Public Hea lth and Social Services, or his/her designee. (h) Credit Card Agreement; Accrued Mileage Program . The Guam Legislature, the Unified Judiciary of Guam, and dep artments, agencies, instrumentalities, autonomous agencies, and public corporations of the government of Guam shall exercise due diligence and seek to enter into an agreement with a bank(s) on Guam for a

ents, agencies, instrumentalities, autonomous agencies, and public corporations of the government of Guam shall exercise due diligence and seek to enter into an agreement with a bank(s) on Guam for a credit ca rd(s) to use as payment for travel for employees traveling on gover nment and/or federally funded travel, and to accrue travel milea ge through a participating airline(s), which shall be used in ac cordance with the provisions of this Act. Each department, instrumen tality, autonomous agency, and public corporation of the government of Guam shall maintain their respective accrued mileage program, which shall be used exclusively to support off-island medical referrals and off-island student travel involving academic, sports and cultural acti vities, pursuant to the distribution guidelines set forth in items (1) thr ough (6) of Subsection (d). The Department of Administration shall be res ponsible for maintaining an accrued mileage account for all trav el under its purview. (i) Rules and Regulations. The Director of the De partment of Public Health and Social Services in collaboration with the Director of the Department of Administration shall jointly prom ulgate rules and

Rules and Regulations. The Director of the De partment of Public Health and Social Services in collaboration with the Director of the Department of Administration shall jointly prom ulgate rules and regulations, specifically for the use of accrued mi leage for off-island medical referrals, within sixty (60) days from the date of enactment of this Section. The Superintendent of Education shal l in collaboration with the heads of all agencies, departments, instrumenta lities, autonomous agencies, and public corporations of the government of Guam, to include COL12420155 GCA GOVERNMENT OPERATIONS CH. 23 GOVERNMENT TRAVEL LAW 10 the Executive Director of the Guam Legislature and the Administrator of the Courts, shall promulgate rules and regulations, specifically for the use of accrued mileage for off-island student trave l involving academic, sports and cultural activities. These rules and re gulations shall be promulgated pursuant to Article 3, Chapter 9 of Tit le 5, Guam Code Annotated, the Administrative Adjudication Act, Rul e Making Procedures. (j) Transfer fee or other related fees and taxes.

shall be promulgated pursuant to Article 3, Chapter 9 of Tit le 5, Guam Code Annotated, the Administrative Adjudication Act, Rul e Making Procedures. (j) Transfer fee or other related fees and taxes. In the event a transfer fee or other related fees and taxes is req uired to secure off-island travel, as authorized herein, such fee(s) shall be borne by the traveler. SOURCE: Added by P.L. 24-276:2. Repealed and reenacted by P.L. 31-117:2 (Sept. 30, 2011), effective, October 1, 2011, pursu ant to subsection (n). Amended by P.L. 32-019:1 (Apr. 11 2013), effective no later than 90 days following enactment (July 10, 2013) pursuant to P.L. 32-019:3 . Subsection (b) and (e)(3) amended by P.L. 33-025 (May 7, 2015). 2009 NOTE: P.L. 28-045:10 (June 6, 2005) changed the name of the Department of Education to the Guam Public School System. P.L . 30-050:2 (July 14, 2009) reverted the name to the Department of Education. § 23112. Non-Employee Travel Justification Reports To Be Posted. In the event that an agency expends funds for trave l for a person who is a non-employee of such agency, such as a boa rd or commission member, or a consultant, and is not exempt, the age ncy head shall prepare and

at an agency expends funds for trave l for a person who is a non-employee of such agency, such as a boa rd or commission member, or a consultant, and is not exempt, the age ncy head shall prepare and publish on the agency’s website, a 'jus tification statement'. The justification statement shall include the reason(s) why a person, other than an agency employee, was required to trav el at the agency’s expense. For the purposes of this Section, non-emp loyee means any person who is not listed on the staffing pattern of the agency at the time travel commenced. All reports required to be posted pursuant to this Section shall be posted within thirty (30) days fol lowing the return of the traveler. SOURCE: Added by P.L. 31-114:1 (Sept. 30, 2011). 2011 NOTE: P.L. 31-114:2, provides: 'Section 2. Effective Date. The effective date of this Act shall be upon enactment, except that for travel commencing on or after October 1, 2010, and the effective date of this Act , agencies shall post non-employee travel justification reports no later than ninety (90) days of enactment hereof.' COL12420155 GCA GOVERNMENT OPERATIONS CH. 23 GOVERNMENT TRAVEL LAW 11 ----------- COL1242015