Guam Legislature debates $104 million ARP infrastructure funds and governor—s emergency authority, then adjourns special session

The 30th Guam Legislature debated two governor-backed measures on Sept. 24 that would affect emergency powers related to Guam Memorial Hospital (GMH) and the use of about $104 million in American Rescue Plan Act (ARPA) funds for infrastructure in Mangilao, then voted to adjourn a special session.

Senator Christopher M. Duenas, chairman of the Committee on Finance and Government Operations, summarized the committee—s review and read a letter from the governor—s legal counsel saying ARPA rules do not make the proposed Mangilao infrastructure procurement "directly tied" to any hospital construction. "If you control the money, you control the organization," Duenas said, noting the FY2026 budget included a notwithstanding provision and legislative language intended to allow transfers into GMH.

The matter hinges on competing legal and procurement claims. Duenas told colleagues the governor—s counsel enumerated the rules governing ARPA funds and concluded the $104 million for Mangilao infrastructure is an infrastructure project intended to serve Mangilao and Guam generally, rather than a direct funding endorsement for a new hospital. He urged the governor and the attorney general to meet and to attach the legal letter to forthcoming procurement submissions to the attorney general—s office.

Other senators pressed different points. One lawmaker warned that the attorney general—s refusal to waive signature requirements for procurements above $500,000 puts the ARPA dollars at risk of being lost if not obligated by 2026. "If we do not get that money spent by 2026, there's no arguing about where it goes... That money is gone," the senator said, urging colleagues to consider at least passing the bill tied to the $104 million to avoid losing the funds.

Several senators said they wanted both the governor and Attorney General Doug Moylan to appear before the Legislature to explain their positions and resolve the impasse. One senator said the administration—s decision to proceed without broader legislative engagement contributed to the current stalemate and called for public, in-chamber discussion.

Others said the committee had conducted a public hearing and circulated the governor—s correspondence; they supported adjourning to allow that material to be appended to the record. Duenas moved to adjourn the first special session. After at least one objection and debate, the presiding officer called for members in favor of adjourning to indicate by raising their hands; the presiding officer later announced the motion carried and the session was adjourned.

The debate touched on several interrelated points: the governor—s asserted emergency authorities over GMH operations and appointments to the hospital board; a FY2026 budget notwithstanding provision described by Duenas that he said provides transfer authority into GMH; the legal interpretation of ARPA restrictions in the governor—s counsel—s letter; and the attorney general—s role in approving procurement where signature waivers or legal reviews are required. No final vote on the underlying bills was recorded in the transcript excerpt; the formal action captured in the record was the successful motion to adjourn the special session.

The adjournment leaves unresolved questions about whether the administration and the attorney general will reconcile their legal positions and whether the Legislature will reconvene to consider the bills or alternate measures to secure the ARPA funds for Mangilao infrastructure.