EXECUTIVE ORDER NO. 2022-02

SUBJECT: RENEWING THE AUTHORITY OF THE SECRETARY OF FINANCE TO REPROGRAM OR TRANSFER FUNDS FROM ACCOUNTS OF ANY DEPARTMENT, AGENCY, OFFICE, BOARD, COMMISSION, CORPORATION, INSTRUMENTALITY OR OTHER ENTITY OF ANY BRANCH OF THE COMMONWEALTH GOVERNMENT IN ORDER TO MEET THE THREAT OF COVID-19.



WHEREAS, Coronavirus Disease 2019 (COVID-19) is a novel virus that is the cause of severe acute respiratory illness. It was first detected in the People’s Republic of China in December of 2019. As of January 17, 2021, more than 328 million cases of COVID-19 have been reported world-wide resulting in more than 5.54 million deaths.

WHEREAS, COVID-19 is a highly contagious disease that can lead to serious illness and death, especially for the elderly and people who have severe underlying medical conditions. The potential impact of COVID-19 on the CNMI cannot be understated. Vaccines and treatments are available but measures such as quarantine, isolation and containment are still important in the fight against COVID-19. Action is necessary to protect the health and safety of the people of the CNMI.

WHEREAS, on January 29, 2020, the Governor issued Executive Order 2020-01 declaring a state of significant emergency regarding the COVID-19 outbreak that ordered the Commonwealth Healthcare Corporation to implement quarantine and preventive containment measures and directed the Secretary of Finance and the Special Assistant for Management and Budget to assess the fiscal impact of the outbreak on the government’s budget.

WHEREAS, on March 16, 2020, following discovery of COVID-19 infected individuals on Guam, the Governor issued Executive Order 2020-04 declaring a State of Public Health Emergency and a continued Declaration of a State of Significant Emergency for the CNMI due to the significant and imminent threat of harm to the community, environment and people of the CNMI.

WHEREAS, on March 18, 2020, the Governor issued Executive Order 2020-05 which authorized the Secretary of Finance to reprogram or transfer funds from accounts of any department, agency, office, board, commission, corporation, instrumentality or other entity of any branch of the Commonwealth government in order to meet the threat of COVID-19.

WHEREAS, the declaration of a state of public health emergency and continued declaration of a state of significant emergency embodied in Executive Order 2020-04, as amended, has been recently renewed by Executive Order 2022-02.

WHEREAS, despite much success in preventing the spread of COVID-19 in the community since the beginning of the pandemic, the numbers of positive cases for COVID-19 is currently rapidly increasing in the Commonwealth with a great number of persons needing to be treated, isolated, quarantined or traced by the government.

WHEREAS, meeting the COVID-19 threat requires a “whole of government” approach such as what the government utilizes in responding to and recovering from typhoons. This requires the utilization or potential utilization of all government agencies, personnel, facilities, equipment and other resources as necessary to respond to the COVID-19 threat.

WHEREAS, because the COVID-19 pandemic has depressed our tourism industry, it has depressed economic activity and drastically reduced tax revenue. Such a reduction in revenue jeopardizes the government’s ability to meet the COVID-19 threat by limiting the government’s ability to utilize all necessary personnel, facilities and equipment due to lack of funds.

WHEREAS, renewing the authority of the Secretary of Finance to access, reprogram or transfer funds from accounts of any department, agency, office, board, commission, corporation, instrumentality or other entity of any branch of the Commonwealth government, including autonomous or independent entities, in order to fund the government’s “whole of government” approach to the prevention and mitigation of the COVID-19 threat is a reasonably necessary response in order to ensure that the government is able to meet the COVID-19 threat.

NOW THEREFORE, I, RALPH DLG. TORRES, pursuant to the authority vested in me as Acting Governor of the Commonwealth of the Northern Mariana Islands by Article III, § 10 of the Commonwealth Constitution, the Homeland Security and Emergency Management Act of 2013, 1 CMC § 20144, the CNMI Emergency Health Powers Act of 2003, 3 CMC §§ 2181-2195, Executive Order 2020-04, as amended and renewed, order and direct as follows:

  1. Executive Order 2020-05, and all powers, duties and responsibilities embodied in that executive order, is hereby renewed and shall thus continue for an additional thirty (30) days.
  2. This renewal shall take effect immediately and remain in effect for thirty (30) days from the effective date of this Executive Order. All memoranda, directives, waivers of regulations, and other measures taken in accordance with Executive Order 2020-05 shall remain in effect for thirty (30) days from the date of this Executive Order.

    SIGNED AND PROMULGATED ON THIS 18th day of January, 2022

/s/ 

RALPH DLG. TORRES 
Governor 

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Office of CNMI Governor and Lt. Governor
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