Agency as contained in this Chapter shall mean government of Guam line agencies; autonomous or semi-autonomous, boards, bureaus and commissions. Programs are programs defined by law as such, under the purview of agencies. Every government agency shall be subject to a program evaluation and justification review by the Public Auditor. Each agency shall offer its complete cooperation to the Public Auditor so that such review may be accomplished.

Every department head, agency head or head of a program in the government of Guam must maintain records in a manner consistent with the easy evaluation of program results and compliance with performance standards established by I Liheslaturan Guåhan. Every department, agency or program head in the government of Guam shall comply with recommendations made to them by the Public Auditor with respect to proper record

1 Guam Code Ann. GENERAL PROVISIONS
CH. 19 OFFICE OF PUBLIC ACCOUNTABILITY

keeping to facilitate the purposes of this Chapter. A review of each program must include at a minimum the following:

(a) the identifiable cost of each program;

(b) the specific purpose of each program, as well as the specific public benefit derived therefrom, as well as a reiteration of the performance standards established by law for that program;

(c) compliance with achieving the outputs and outcomes associated with each program;

(d) an explanation of circumstances contributing to the government agency=s ability to achieve, not achieve or exceed its projected outputs and outcomes associated with each program; and

(e) alternative courses of action that would result in administration of the same program in a more efficient or effective manner. The courses of action to be considered must include, but are not limited to:

(1) whether the program could be organized in a more efficient and effective manner, whether the program mission, goals, or objectives should be redefined, or, when the agency cannot demonstrate that its efforts have had a positive effect, whether the program should be reduced in size or eliminated;

(2) whether the program could be administered more efficiently or effectively to avoid duplication of activities and ensure that activities are adequately coordinated;

(3) whether the program could be performed more efficiently or more effectively by another unit of the government or a private entity, or whether a program performed by a private entity could be performed more efficiently and effectively by a government agency;

(4) when compared to costs, whether effectiveness warrants elimination of the program, or, if the program serves a limited interest, whether it should be redesigned

1 Guam Code Ann. GENERAL PROVISIONS
CH. 19 OFFICE OF PUBLIC ACCOUNTABILITY

to require users to finance program costs (Whether the cost to administer the program exceeds license and other fee revenues paid by those being regulated.); and

(5) whether other changes could improve the efficiency and effectiveness of the program and the consequences of discontinuing such program. If any discontinuation is recommended, such recommendation must be accompanied by a description of alternatives to implement such recommendation, including an implementation schedule for discontinuation and recommended procedures for assisting employees affected by the discontinuation. Determination as to public policy, which may include recommendations as to whether it would be sound public policy to continue or discontinue funding the program, either in whole or in part, in the existing manner. Whether the information reported has relevance and utility for the evaluation of each program. Whether agency management has established control systems sufficient to ensure that performance data are maintained and supported by agency records and accurately presented in agency performance reports.

SOURCE: Added by P.L. 25-042:11 (June 9, 1999).

2014 NOTE: Subsection designations were altered to adhere to the
Compiler’s alpha-numeric scheme pursuant to the authority granted by 1
GCA § 1606.

2015 NOTE: Pursuant to P.L. 25-042:15, this provision becomes “”effective upon the first election of the Public Auditor pursuant to this Act.””