By Ron Rocky Coloma
Gov. Lourdes Leon Guerrero has voiced her strong opposition to Bill 190-37, which proposes the creation of the Marianas Cyber Security Working Group within the Office of the Governor.
Bill 190-37, which has lapsed into law without the governor’s endorsement, is now Public Law 37-109.
The governor’s primary concerns center on the bill’s infringement on the separation of powers and its conflict with the Organic Act.
The governor argued that the bill compromises the separation of powers by involving the chief justice and the speaker of the legislature in an executive body.
She pointed out that it is inappropriate for these high-ranking judicial and legislative leaders to be appointed to a group within the executive branch, just as it would be improper for the governor to participate in judicial or legislative proceedings.
The Organic Act ensured a clear division between the branches of government to prevent any overlap that might lead to conflicts of interest or undermining of each branch’s authority.
“It seems inconsistent with the Organic Act’s separation of powers for the legislature to assign further duties beyond the administration of justice to the chief justice,” Leon Guerrero wrote in a transmittal letter to Speaker Therese Terlaje.
Leon Guerrero emphasized that the bill encroached on her executive powers, specifically her authority to appoint and remove officers and employees within the executive branch.
While the working group will be placed within the Office of the Governor, the governor would lack the power to appoint or remove its members.
This arrangement, she argued, undermined her ability to exercise meaningful supervision and control over the group, which is essential for maintaining the executive branch’s effectiveness and accountability.
Authored by Vice Speaker Tina Muna Barnes, the establishment of the Marianas Cyber Security Working Group is designed to provide a platform to tackle cyber threats and propose measures that will be legislated to mitigate the harm they may cause.
Besides the heads of the three branches of government, the working group will include the general managers of Guam’s utility agencies, the airport, the port authority, cybersecurity experts, and representatives of the business sector and telecommunication companies.
“The bill sets up a new body —within the Office of the Governor itself — whose membership is appointed almost entirely by the bill itself or by the various parties designated by the bill who are not already members of the executive branch,” Leon Guerrero said.
“Although the working group is assigned to the Office of the Governor, the bill does not allow the Governor to appoint or remove its members or to exercise any meaningful degree of supervision and control, in derogation of the Organic Act," she added.
Moreover, the governor raised practical concerns about the confidentiality and effectiveness of the proposed working group. The bill includes provisions for discussing sensitive cyber threat information but offers only limited mechanisms for protecting this information from public disclosure.
“This means any discussion will necessarily be limited, nonspecific and largely unhelpful,” Leon Guerrero said.
Leon Guerrero acknowledged the importance of vigilance against cyber threats and highlighted the ongoing efforts of her administration to enhance cybersecurity measures.
She pointed out that the Marianas Regional Fusion Center can notify critical infrastructure entities about potential cyber threats.
“Guam must, of course, remain vigilant against cyber threats. The administration continues to grow its abilities to guard against cyber threats and to coordinate with other authorities in furtherance of that constantly evolving threat," the governor added.
Additionally, the existing Guam Emergency Management Council, which includes similar membership, could be further empowered to build on its expertise and the progress made in developing the Island-wide Cybersecurity Plan.
The governor suggested that strengthening existing bodies such as the Guam Emergency Management Council would be more effective and legally sound.
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