(a) There is hereby created in the Guam Department of Labor, a Manpower Development Fund (MDF), which shall remain separate and apart from any other funds of the
government of Guam.

(b) The MDF is created solely for the purpose of receiving territorial, federal, and private money and revenue from registration fees on non-immigrant temporary workers.

(1) Thirty percent (30%) of the annual revenues generated shall be allocated to the Guam Department of Labor. The Department of Labor allocation in the MDF shall be expended exclusively to fund the following:

(A) One Hundred Thousand Dollars ($100,000) shall be allocated annually to produce the quarterly “”Unemployment Situation on Guam”” report and any other reports relating to labor statistics;

(B) legal services in the field of employment and labor law, human resources, or administrative law;

(C) workforce development and training programs; and

(D) the remaining balance of the Department of Labor’s MDF allocation shall be used for administrative and operational purposes as may be determined by the Director of Labor.

(2) Seventy percent (70%) of the annual revenues generated shall be allocated to the Apprenticeship Training Program at the Guam Community College, with the primary intent to develop the workforce for positions that have been approved for non-immigrant temporary workers. The Guam Community College allocation in the MDF shall be paid out by the Treasurer of Guam to the Apprenticeship Training Program at Guam Community College, and shall be expended exclusively to fund the following:

(A) direct financial assistance to students enrolled in the apprenticeship or pre-apprenticeship program who may not qualify for the Free Application for Federal Student Aid (FAFSA), such as the Pell Grant. Any unused portion of the allocation under this Subsection shall be returned to the MDF;

(B) the administrative and instructional costs for the operation of the apprenticeship training programs;

(C) facility upgrade and equipment relative to the apprenticeship training programs, and pre- apprenticeship training programs with the Guam Department of Education; and

(D) the advertising and outreach programs for the promotion of the apprenticeship training programs.

(3) Annual Audit of the Manpower Development Fund. The Public Auditor shall conduct an annual audit of the Manpower Development Fund to ensure compliance with all statutory regulations governing its deposits and expenditures. The cost of such audit shall be paid by the Manpower Development Fund.

(c) The MDF shall not be used for any purposes other than those enumerated in this Section, and shall be subject to legislative appropriation.

SOURCE: GC § 44019. Added by P.L. 18-48:5. Amended by P.L. 20-
221:28; P.L. 23-106:5; P.L. 25-123:2; P.L. 29-019:VI:47 (Sept. 29,
2007), P.L. 29-113:VI:22 (Sept. 30, 2008). Amended by P.L. 34-098:5 (May 14, 2018). Subsection (b)(2)(A) amended by P.L. 35-103:6 (Oct.
30, 2020).

2018 NOTE: Subsection/subitem designations altered/added pursuant to the authority of 1 Guam Code Ann. § 1606.