Authorization for the Department of Law to Pursue Maritime Litigation

(a)The Department of Law is authorized to pursue litigation before the Federal Maritime Commission, and in any court of competent jurisdiction, to challenge the reasonableness of shipping rates established by the ocean carriers in the Guam trade. This authorization shall continue until such time that the Attorney General determines that the litigation is no longer in the best interest of Guam.

(b)Legislative intent for source of funding in subsection

(c)of this section. Section 26 of Public Law 22-041, the General Appropriation Act of 1994, appropriated Nine Million Five Hundred Sixty Thousand Thirty-Eight Dollars ($9,560,038) to the Government of Guam Retirement Fund to pay for the increased contributions to the Retirement Fund for all branches of the government as provided for in the amendment to § 37 of Title 4, Guam Code Annotated, made in Section 8 of Public Law 22-006. I Maga’håga/Maga’låhi has been applying the appropriations within the various departments and agencies to fund this increase, thereby leaving an excess in the appropriation in Section 26 of Public Law 22-041 which can be redirected to use for the maritime litigation.

(c)Reappropriation of Two Million Four Hundred Fifty Thousand Dollars to Department of Law’s Ocean Freight Rate Legal Fund for legal fees and expenses in the continuation of the Government of Guam’s case before the Federal Maritime Commission. Two Million Four Hundred Fifty Thousand Dollars CH. 30 ATTORNEY GENERAL ($2,450,000) are reappropriated from the appropriation of Nine Million Five Hundred Sixty Thousand Thirty-Eight Dollars ($9,560,038) previously made in Section 26 of Public Law 22-041 to the Department of Administration for the payment of increased contributions to the Government of Guam Retirement Fund as mandated by law, to the Ocean Freight Rate Legal Fund, under the Department of Law, for legal fees and expenses in the continuation of the Government of Guam’s case before the Federal Maritime Commission challenging current shipping rates in the Guam trade. Funds appropriated to the Ocean Freight Rate Legal Fund may be utilized to accommodate billings for legal fees and expenses incurred in prior fiscal years.