Guam governor seeks reinstatement of Covid-era emergency powers to speed up hospital project

Lou Leon Guerrero

By Jayvee Vallejera

Responding to Gov. Lou Leon Guerrero's call for a special session, Speaker Frank F. Blas Jr. summoned the 38th Guam Legislature to deliberate on the chief executive's two proposed bills that would grant her sweeping emergency powers and remove legal hurdles in the use of American Rescue Plan Act funds that she intends to use to build a new hospital in Mangilao.

The session begins at 10 a.m. on Aug. 30.

Leon-Guerrero’s bill states that emergencies, which pose serious and immediate threats to the health and safety of our community, or the proper sustainment of life and often "require the exercise of extraordinary government powers and functions."

She said the government of Guam must have the ability to respond rapidly and effectively to potential or actual emergencies and to stabilize critical lifeline systems following emergencies.

The bill would authorize the Guam governor to declare a state of emergency unilaterally, without requiring the legislature to agree or disagree that an emergency exists or to determine the duration of the state of emergency.

As soon as a state of emergency is declared, it would clear the way for the emergency purchase of property, supplies, professional services, or emergency construction works.

It would also authorize the governor to suspend regulations prescribing procedures for local businesses or the orders, rules and regulations of any government of Guam agency.

The acute lack of medical personnel in Guam also requires extraordinary powers, Leon-Guerrero said. Although this may not necessitate a declaration of a state of emergency, the governor's bill would allow her to exercise powers regarding the licensing and appointment of health personnel.

The bill would allow the governor to waive any or all licensing requirements, permits or fees for health care providers from outside Guam and they would be exempted from the local rules and regulations for health care providers.

In explaining why she needs these broad powers, Leon-Guerrero said the extraordinary powers she exercised during the Covid-19 pandemic were only applicable during public health emergencies and no longer apply.

Guam laws allow specific actions during emergencies, including procurements, but Leon-Guerrero said these measures are often inadequate, hence the need for a standalone law that focuses solely on emergencies.

“Many of the provisions echo similar provisions in the Emergency Health Powers Act and will enable my office to coordinate responses with agencies, including through the provision of additional resources, immediate purchase of emergency supplies and services, and infusion of critical funding,” she said in her letter to Blas.

In a separate proposal, Leon-Guerrero also wants to clear barriers to her plan to build a new hospital in Mangilao.

She pointed out that the American Rescue Plan Act funds she had set aside to build the new hospital in Mangilao must be spent by Dec. 31, 2026. Otherwise, the unspent money will be returned to the U.S. Treasury.

Of the $602 million Guam has received in ARPA funds, about $216 million is reportedly still unspent. Leon-Guerrero has set aside some $133 million of the unspent funds to build the new hospital.

“If the legislature does not act to allow these efforts to move forward, we will lose these funds, and Mangilao will continue to be vulnerable to future emergencies,” she said in her letter to Blas.

The governor said that every day the project is delayed, Guam risks forfeiting these funds.

“For this reason, I am also submitting a bill that will remove legal barriers to the expeditious procurement and execution of infrastructure contracts related to these ARPA funds," she said.

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