FOR IMMEDIATE RELEASE (April 30, 2021 – Hagåtña, Guam) – Please see Speaker Therese Terlaje’s extension of remarks from today’s session below. Also attached are letters sent to the Governor regarding the American Rescue Plan Act funds.

“Again, I want to thank all of my colleagues for all of their collaboration during this session. We knew we would have an abbreviated session this week due to very special events that were equally important, and I think we were able to accomplish a lot in the time that we were able to meet in session.

I believe that discussion and listening to each other is our best avenue forward, and that in hearing each other in this session hall, we also hear the people of Guam. And we will stay connected to the people of Guam through listening to each other in session debates, through our interactions at special events and even through all of our other interactions. And I hope that we will remember that most of our battles are long on Guam and that we came into this Legislature to make change, including changing hearts and minds so that people in our community can see the common ground in front of us and be united going forward.

I want to inform the public that this afternoon the Minority Leader and I sent a follow-up letter to the Governor’s request for the Legislature’s priority list for the American Rescue Plan funds. Earlier this week, we sent an initial letter requesting more information regarding what portion of the federal funds had been promised or committed to particular projects or agencies, so that we have a clearer picture of how much is available for prioritization. We have not received a response, but the Legislature is looking forward to meeting with the Governor regarding these funds, and we will be sending a listing of priorities by early next week. We want to reiterate that all of us in this Legislature are willing to meet to discuss, at the Governor’s convenience, the priorities for the people of Guam.

As we move forward, we must get as much information as possible and be able to adjust what we learn locally and federally. For example, just this morning, the U.S. Senate passed legislation regarding water utilities and infrastructure, a very important component, I think for Guam to move forward. All of these different sources of federal funds and the potential needs and current needs of the people of Guam must be examined and reconciled.

As we approach deliberations on our FY 22 budget. We want to ensure that our local funds and federal funds will be used in a fair and equitable way so that they reach all of the people of Guam, especially those in the most need. We must truly deliberate with all of the information in front of us through a good faith effort to devise a plan that will provide immediate relief and also long-term solutions that we’ve waited for so long for everyone in our community. And I thank my colleagues sincerely for their efforts in this regard.

I also want to take just a moment to thank all of the staff here at the Guam Legislature, especially the protocol office and the clerk’s office and the legal office for all of their extra efforts this week and last week, and assisting in hosting the two very special events. We thank you for your time and effort and for assisting us to be successful in our efforts. Si Yu’os Ma’ase.”

Speaker Therese Terlaje’s Extension of Remarks April Session 2021

Resolution No. 63-36 (COR) – Relative to respectfully requesting the United States Congress to support Community Project Funding for the construction of an expanded Guam Fishermen’s Co-op Facility and the correlating expansion of Guam’s community fishing industry. Sponsored by: Therese M. Terlaje / Christopher M. Dueñas / Telena Cruz Nelson / Tina Rose Muña Barnes / Amanda L. Shelton / Sabina Flores Perez / Frank Blas Jr. / Clynton E. Ridgell / Joe S. San Agustin / Jose “Pedo” Terlaje / V. Anthony Ada / Joanne Brown / James C. Moylan / Telo T. Taitague / Mary Camacho Torres

FOR IMMEDIATE RELEASE (April 30, 2021 – Hagåtña, Guam) – With a unanimous vote, Speaker Therese Terlaje, the Legislature Chair of the Committee on Health, Land, Justice and Culture passed a measure authorizing the lease of property to the Guam Football Association (GFA) as a part of plans to build a world-class soccer facility near Ordot-Chalan Pago Elementary School.

The subject property of Bill No. 51-36 (COR) is currently under jurisdiction of the Guam Waterworks Authority but is in the process of being reverted back to the Department of Education and is adjacent to property owned by GFA, which is the proposed site of two soccer fields to be funded by the Federation Internationale de Football Association (FIFA).

Speaker Terlaje stated, “I think we can all recognize the strides that the Guam Football Association has made in growing the sport of soccer on Guam for both our youth and adults.  In some cases, our youth have gone out to excel in the sport after training for years under the GFA umbrella.”

In addition to regular daytime use of the facility by the students at the Ordot-Elementary School, at the Speaker’s urging in order to get the best value for schoolchildren, GFA has agreed to allow usage of the facility for interscholastic sports which will be negotiated and coordinated by the Guam Department of Education.

“When a public-private partnership is successful, the commitment benefits our entire community.  The growth of the sport of soccer on Guam is due in no small part to the efforts and big investments in time and money from both the GFA and FIFA in partnership with the government of Guam,” said Speaker Terlaje.

Bill 51-36 – AN ACT RELATIVE TO THE AUTHORIZATION FOR THE USE OF REAL PROPERTY WITHIN THE ADMINISTRATIVE JURISDICTION OF THE GUAM WATERWORKS AUTHORITY FOR THE CONSTRUCTION AND MAINTENANCE OF SOCCER FIELDS AND RELATED FACILITIES was co-sponsored by Senators Telena Nelson, Sabina Perez, Chris Duenas, Frank Blas and Vice-Speaker Tina Muna Barnes.

####

For more information, please contact Speaker Therese M. Terlaje’s office at (671) 472-3586 or via e-mail at senatorterlajeguam@gmail.com. 

FOR IMMEDIATE RELEASE (April 30, 2021 – Hagåtña, Guam) – Below is a statement from Speaker Therese Terlaje on the unanimous passage of Resolution 63-36 (COR) Relative to respectfully requesting the United States Congress to support Community Project Funding for the construction of an expanded Guam Fishermen’s Co-op Facility and the correlating expansion of Guam’s community fishing industry.

“I want to thank my colleagues on both sides of the aisle for uniting as a sole voice to pass this resolution. This type of collaboration raises the standard of expectation of the people we serve when we work together for a common goal.  I look forward to transmitting this to Congressman San Nicolas and will continue to offer support for this effort in any way I can.

I am hopeful that our collaborative efforts will bring the needed resources for this critical expansion that has been and will continue to be an important central place for commerce and culture on our island.”

####

Please see attached Resolution 63-36 (COR) and a previous release on the resolution for your ready reference.

For more information, please contact Speaker Therese M. Terlaje’s office at (671) 472-3586 or via e-mail at senatorterlajeguam@gmail.com. 

To Include Guam Veterans Exposed to Agent Orange

FOR IMMEDIATE RELEASE (April 23, 2021 – Hagåtña, Guam) On April 22, 2021, an amicus brief was filed on behalf of Speaker Therese Terlaje in the United States Court of Appeals for the Federal Circuit in support of the Military-Veterans Advocacy, Inc., who filed an appeal on July 28, 2020 after their petition for rulemaking was denied by the U.S. Department of Veterans Affairs (VA) on May 12, 2020.

The appeal calls for the Court to require the U.S. Department of Veterans Affairs (VA) to recognize, through rulemaking, a presumption of exposure to Agent Orange for Guam and Johnston Island veterans in the Agent Orange Act of 1991. This Act established a factual presumption of herbicide exposure for veterans’ claims arising from the use of toxic herbicides in Vietnam. Without the VA’s recognition of the presumption on Guam, veterans who suffer conditions such as certain types of cancer, Type II Diabetes, Parkinson’s Disease, among others, routinely lose their benefits claims as a result of the government’s poor record-keeping and the inability for individuals to show conclusive and individual proof of exposure to toxic herbicides.

The United States deployed roughly 20 million gallons of herbicides between 1962-1971 to include 11 million gallons of Agent Orange. The appeal outlines testimonies from veterans stationed on Guam who recall the use of the herbicide, stating they experienced the smells and skin blistering that are often telltale signs of exposure. Veterans also recalled “preparing, mixing, and spraying Agent Orange along pipelines, flightlines, building perimeter, and security fences on the island.

Speaker Therese Terlaje stated, “Our veterans and community members have spent a lifetime seeking justice for their exposure to Agent Orange while on Guam and I am humbled to join them in this fight and all those who have petitioned the VA, Congress and the courts. I hope these efforts will help them receive the benefits they deserve.”

Speaker Therese Terlaje has spent many years advocating for veterans on Guam, passing three resolutions as one of her first major actions in her first term as senator. These resolutions address the environmental and health impacts of Agent Orange, radiation exposure and nuclear testing clean-up on veterans and the people of Guam. In her second term, Senator Terlaje also introduced Resolution 71-35 supporting H.R. 1713 the “Lonnie Kilpatrick Central Pacific Herbicide Relief Act.”

The Department of Defense continues to deny the existence of Agent Orange on Guam, despite signed affidavits from veterans and overwhelming testimony from veterans and residents. Speaker Terlaje has continually urged for more environmental testing to include locations cited via first-hand accounts from veterans in order to overcome DOD denial, to promote clean up, and to ensure health benefits for those exposed.

####

Attached is the Opening Brief, Notable Excerpts from the Opening Brief, and Amicus Brief for Case No. 20-2086, which can also be found at www.senatorterlaje.com.

For more information, please contact Speaker Therese M. Terlaje’s office at (671) 472-3586 or via e-mail at senatorterlajeguam@gmail.com.

FOR IMMEDIATE RELEASE (April 7, 2021 – Hagåtña, Guam) – On Tuesday, April 6, 2021, the Guam Legislature filed a response brief in the Declaratory Judgment case brought by the Governor originally alleging that challenges to her quarantine orders were unconstitutional and that Guam’s Public Health Emergency laws are inorganic.

The Legislature’s Brief asserts that the Governor’s powers are subject to the laws of Guam, even in her supervision of healthcare and quarantine. The specific quarantine and isolation procedures being challenged (10 GCA Sections 19604 and 19605) give due process and an opportunity for a court hearing to those in quarantine and were set in statute years ago as necessary protections against arbitrary confinement and abuse of power.

The Legislature also notes that the 26^th Guam Legislature deemed the provisions reasonable, when the law was enacted in 2003, with the primary goal of controlling serious health threats and balancing that with individual civil liberties and ensuring access to due process.  Then Senator Lou Leon Guerrero rose to support the passage of the bill and stated, “ [the Bill] I think protects the individuals who are isolated or quarantine[d] and [] feel that their rights have been violated, because sometimes in emergency situations panic can occur and you maybe . . . come into situations where you may just be isolating and quarantining people maybe unnecessarily[.] [S]o it does have provisions in here that protect the rights of those individuals.”

In conclusion, the Legislature asserts that the Islan Guåhan Emergency Health Powers Act is critical policy, consistent with the Organic Act of Guam and requests that the Court reinforce the Legislature’s power granted by the Organic Act to enact law necessary to protect the health, safety, and general well-being of the people of Guam. 

The 36^th Guam Legislature is represented by Legislative Counsel, Ana Won-Pat Borja, Esq.

####

Attached is a copy of the Brief of Interested Party which can also be found at www.senatorterlaje.com.

For more information, please contact Speaker Therese M. Terlaje’s office at (671) 472-3586 or via e-mail at senatorterlajeguam@gmail.com. 

March 31, 2021

MEMORANDUM

To:                    All Senators, Stakeholders and Media

From:               Speaker Therese M. Terlaje, Chairperson

    Committee on Health, Land, Justice and Culture

Subject:            NOTICE of Hybrid Public Hearing – Thursday, April 8, 2021 beginning at 3:00 PM

Håfa Adai,

Please be advised that the Committee on Health, Land, Justice and Culture will convene a public hearing on Thursday, April 8, 2021 beginning at 3:00 PM. utilizing a hybrid meeting format for combined face to face and virtual attendance. The hearing will be held in the Public Hearing Room at the Guam Congress Building, as well as utilizing the Guam Legislature’s virtual meeting platform, for the following agenda items:

§  Oversight Hearing on the Guam Ancestral Lands Commission, to receive updates on:

A. Identification of ancestral landowners of federal excess properties returned, designated for return, or requested to be returned to Guam pursuant to:

•       Department of Navy’s 2011Net Negative commitment and Navy’s June 2017_Report to Congress_Net Negative_Policy_Guam ;

•       2019 NDAA Section 2847;     

•       JRM Net Negative Inventory of Guam Land pursuant to 2019 NDAA

•       GEDA 2019 excess lands report and GEDA 2018 excess lands reports of potentially releasable federal lands (reports attached below); and

•       SECNAV Braithwaite Letter to Gov. Leon Guerrero on Excess Lands July 2, 2020   

B. Update on additions since 2011 to the  Guam Ancestral Lands Commission Excess Lands Registry. 

C. Update  on non-contacted beneficiaries of properties listed in GALC Excess Lands Registry or Conditional Awards Registry

D.Proposed Rules and Regulations for Land Bank Program extinguishment of claims, award of just compensation.  

ALL DOCUMENTS FOR THIS OVERSIGHT HEARING CAN BE ACCESSED AT THE HYPERLINKS ABOVE OR THROUGH ATTACHMENTS BELOW.

Ancestral Landowners are invited to provide live testimony. Please contact the Office of Speaker Therese M. Terlaje at 472-3586 or email senatorterlajeguam@gmail.com. Please indicate if you will be attending the hearing physically or virtually. Registration deadline is 5:00PM on Wednesday, April 7, 2021.

In compliance with the Americans with Disabilities Act, Individuals in need of assistance or accommodations should also contact the Office of Speaker Therese M. Terlaje.

The hearing will broadcast on local television, GTA Channel 21, Docomo Channel 117/60.4 or Channel 112-4 for Docomo customers without set top boxes. The hearing will also stream online via I Liheslaturan Guåhan’s live feed at http://www.guamlegislature.com/live_feed.htm.

FOR IMMEDIATE RELEASE (February 24, 2021 – Hagåtña, Guam) – Bill No. 42-36 (COR), The GMHA Nurse Recruitment and Retention Act of 2021, authored by Health Oversight Chair, Speaker Therese Terlaje and co-sponsored by Senator Joe San Agustin, had its public hearing today under the Committee on Appropriations.  The measure proposes to address perennial nursing shortages at Guam Memorial Hospital Authority (GMHA) which have impacted the hospital’s ability to maximize bed capacity in its ICU, Emergency, and Clinical Areas.

Recently, the GMHA Board of Trustees explored increasing the 16% differential pay for nurses to 22% in order to achieve parity at Guam Memorial Hospital with competing nursing salaries on and off island. However, additional funding was needed to implement this recruitment and retention strategy. The Chairperson of the Board estimated that approximately $827,000 is needed annually to increase the 16% differential pay for RN and LPNs to 22%. Unlike other nurse pay bills, Bill 42-36 fully funds this increase.

The measure proposes to redirect a portion of the GRMC Annual Community Contribution mandated by the terms of their Qualifying Certificate (QC) for the sole purpose of increasing the nursing differential pay at GMH.  The terms of the QC state that community contributions may benefit healthcare with a priority to GMH and DPHSS.

GEDA would also retain $200,000 annually from the GRMC community contribution, which could still be disbursed to various non-profits on-island through the Qualifying Certificate Community Contribution Grant Program. The discretion of these funds would fall under the purview of GEDA.

“With the general fund tracking $100 Million below projections for this fiscal year and the 2022 Executive Budget Request proposing zero dollars ($0) from the General Fund for GMH, it is imperative that a tangible and stable source of funds is identified for Nurse Pay, to shore up gaps in patient care while long-term solutions to expand recruitment and retention are planned and executed,” said Speaker Terlaje.

It was also clear during discussions on the Nurse Licensure Compact that improving pay and the work environment for nurses needed to be addressed concurrently with the implementation of the Compact to stave off potential out-migration of nurses. While this bill does not raise wages for all nurses on island, it does prioritize GMH and ensures there is a viable funding source to pay for this long overdue increase.  It gives GMH more tools and is a step in the right direction towards recruitment and retention of nurses which is sorely needed to find real solutions to our nursing shortage.

“Bill 42-36 provides a 15-year funding bridge for the government of Guam and GMH to build a more sustainable model for patient care which starts with keeping local nurses on Guam,” stated Speaker Terlaje.

To watch the full public hearing, click below:

FOR IMMEDIATE RELEASE (February 21, 2021 – Hagåtña, Guam) – Bill No. 42-36, introduced last month by Speaker Therese Terlaje and co-sponsored by Senator Joe San Agustin, will be heard publicly on February 24, 2021 at 2pm at the Guam Congress Building by the Committee on Appropriations.

Guam Memorial Hospital Authority (GMHA) has faced perennial nursing shortages for decades which have impacted the hospital’s ability to maximize bed capacity in its ICU, Emergency, and Clinical Areas.  Each year GMHA loses nurses due to transfer to off-island and on-island  public or private entities  or retirement, and is forced to recruit at higher costs from off-island. In 2019, the GMHA Board of Trustees implemented a 16% differential pay for all nurses and  specialty pay as part of an overall nurse recruitment and retention strategy.  Unlike other nurse pay bills, this Bill 42-36 fully funds an increase in GMH nurse differential pay to 22%  in order for GMH to better compete with nursing salaries on and off island .  

Bill No. 42-36 (COR) would redirect to GMHA a portion of the GRMC Annual Community Contribution mandated by the GRMC Qualifying Certificate (QC)  for the sole purpose of increasing the nursing differential pay at Guam Memorial Hospital Authority to adequately recruit and retain nursing staff at Guam’s only public hospital.  The Annual Community Contribution was  recommended in §3.12.02 of QC No. 252 to be allocated to health care (priority to Guam Memorial Hospital and Department of Public Health and Social Services), Medicaid matching, MIP payments; public safety; economic development with a priority on the promotion of the medical industry and small business; higher education, and cultural preservation.

“We can immediately improve patient care at GMH by retaining enough nurses for all of the available beds in the ER, ICU and critical care units. An immediate, fully-funded increase in nurse pay for our local nurses at GMH is an ideal retention tool and ideal healthcare use of over $1.2 M from QC contributions for the next  15 years while we build a new hospital, ” stated Speaker Terlaje.  

####