Program Execution. — Guam Code § 4109

§ 4109. Program Execution.

(a) Except as limited by policy decisions of I Maga’lahi (the

Governor), appropriations by I Liheslatura (the Legislature), and other

provisions of law, the territorial agencies shall have full authority for

administering their program service assignments, and shall be

responsible for their proper management, provided that I Maga’lahi’s

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(the Governor’s) policy decisions shall not limit the authority of the

Department of Education.

(b) Each territorial agency, (other than I Liheslatura (the

Legislature) and the courts), shall prepare an annual plan for the

operation of each of its assigned programs. The operations plan shall be

prepared in the form and content and be transmitted on the date

prescribed by the Bureau of Budget and Management Research.

(c) The Bureau of Budget and Management Research shall:

(1) Review each operations plan to determine that it is

consistent with the policy decisions of I Maga’lahi (the Governor)

and appropriations by I Liheslatura (the Legislature), that it reflects

proper planning and efficient management methods, that

appropriations have been made for the planned purpose and will not

be exhausted before the end of the fiscal year.

(2) Approve the operations plan if satisfied that it meets the

requirements under Paragraph (1). Otherwise the Bureau of Budget

and Management Research shall require revision of the operations

plan in whole or in part.

(3) Modify or withhold the planned expenditures at any time

during the appropriation period if the Bureau of Budget and

Management Research finds that such expenditures are greater than

those necessary to execute the programs at the level authorized by I

Maga’lahi (the Governor) and I Liheslatura (the Legislature), or

that the receipts and surpluses will be insufficient to meet the

authorized expenditure levels, provided that no planned

expenditures necessary to provide every public school student an

adequate public education shall be modified or withheld. The

Director of the Bureau of Budget and Management Research, in

collaboration with the Director of Revenue and Taxation and the

Director of Administration, shall determine revenue tracking for

every fiscal year based on the actual collections of every preceding

month, and prepare monthly Comparative Revenue and Expenditure

Analysis Reports that compare the budgeted and actual revenues

and departmental program appropriations with expenditures and

encumbrances. If revenues are tracking below projected revenues

for the year, the Bureau of Budget and Management Research shall

adjust and sequester an amount of the remaining allotments equal to

the percentage of revenues that are below the fiscal year’s projected

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revenues. The Director of the Bureau of Budget and Management

Research, the Director of Administration, and the Director of

Revenue and Taxation shall certify said reports, which shall be

transmitted to I Maga’lahen Guåhan and the Speaker of I

Liheslaturan Guåhan no later than twenty (20) days after the end of

each month.

(d) No territorial agency (except I Liheslatura (the Legislature) and

the courts), may increase the salaries of its employees, employ additional

employees or expend money or incur any obligations except in

accordance with law and with a properly approved operations plan.

(e) The Bureau of Budget and Management Research shall report

quarterly to I Maga’lahi (the Governor) and I Liheslatura (the

Legislature) on the operations of each territorial agency, relating actual

accomplishments to those planned, and modifying, if necessary, the

operations plan of any agency for the balance of the fiscal year.

(f) Fiscal Realignment Plan. Thirty (30) days after the close of each

quarter of the fiscal year, the Directors of the Department of

Administration, Department of Revenue and Taxation, and the Bureau of

Budget and Management Research shall determine whether actual

revenues collected for that quarter are consistent with the projected

revenues for the fiscal year. If said Directors determine that projected

fiscal year revenues, based on actual revenues collected, are three percent

(3%) or more less than revenue projections adopted by the annual Budget

Act, I Maga’lahen Guåhan shall submit to the Speaker of I Liheslaturan

Guåhan a Fiscal Realignment Plan that shall address the revenue

disparity. Said Plan may include, but is not limited to, cost-containment

and austerity measures, governmental reorganization plans and other

such actions. I Maga’lahi shall submit to the Speaker of I Liheslaturan

Guåhan proposed legislation, in a bill format, to implement the Fiscal

Realignment Plan if legislative action is required.

(g) Continuing Appropriations

(1) shall not be filled in the first quarter of the current fiscal

year if the Monthly Comparative Revenue and Expenditure

Analysis Report filed pursuant to 5 GCA § 4109(c)(3) in September

of the previous fiscal year indicates unfavorable revenue collections

to estimated revenues;

(2) shall not be filled after the first quarter of the current fiscal

year if the cumulative year-to-date current fiscal year deposits into

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the Income Tax Refund Efficient Payment Trust Fund are less than

the budgeted provision pursuant to the monthly audits required

pursuant to 11 GCA § 51106(b).

(3) may be filled for any current fiscal year expenses and shall

automatically de-appropriate the equal amount from the branch,

agency or department from its current fiscal year revenues

appropriated. The de-appropriated revenues, if available on

September 1 of the current fiscal year, are reserved for the branch,

agency or department which may be expended by a new legislative

appropriation.