Providing Continued Federal Support for Governors' Use of the National Guard To Respond to COVID-19 and To Facilitate Economic Recovery

Citation85 FR 23203
Record Number2020-08958
Published date24 April 2020
SectionPresidential Documents
CourtExecutive Office Of The President
Federal Register, Volume 85 Issue 80 (Friday, April 24, 2020)
[Federal Register Volume 85, Number 80 (Friday, April 24, 2020)]
                [Presidential Documents]
                [Pages 23203-23204]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-08958]
                [[Page 23201]]
                Vol. 85
                Friday,
                No. 80
                April 24, 2020
                Part IV
                The President
                -----------------------------------------------------------------------
                Memorandum of April 20, 2020--Providing Continued Federal Support for
                Governors' Use of the National Guard To Respond to COVID-19 and To
                Facilitate Economic Recovery
                 Presidential Documents
                Federal Register / Vol. 85 , No. 80 / Friday, April 24, 2020 /
                Presidential Documents
                ___________________________________________________________________
                Title 3--
                The President
                [[Page 23203]]
                 Memorandum of April 20, 2020
                
                Providing Continued Federal Support for
                 Governors' Use of the National Guard To Respond to
                 COVID-19 and To Facilitate Economic Recovery
                 Memorandum for the Secretary of Defense [and] the
                 Secretary of Homeland Security
                 By the authority vested in me as President by the
                 Constitution and the laws of the United States of
                 America, including the Robert T. Stafford Disaster
                 Relief and Emergency Assistance Act, 42 U.S.C. 5121-
                 5207 (the ``Stafford Act''), and section 502 of title
                 32, United States Code, it is hereby ordered as
                 follows:
                 Section 1. Policy. It is the policy of the United
                 States to take measures to assist State and territorial
                 Governors under the Stafford Act in their responses to
                 all threats and hazards to the American people in their
                 respective States and territories. On March 13, 2020, I
                 declared a national emergency recognizing the threat
                 that COVID-19, the disease caused by the novel (new)
                 coronavirus known as SARS-CoV-2 (``the virus''), and
                 the virus poses to the Nation's healthcare systems. I
                 also determined that same day that the COVID-19
                 outbreak constituted an emergency, of nationwide scope,
                 pursuant to section 501(b) of the Stafford Act (42
                 U.S.C. 5191(b)). Considering the profound and unique
                 public health risks posed by the ongoing outbreak of
                 COVID-19, the need for close cooperation and mutual
                 assistance between the Federal Government and the
                 States and territories is greater than at any time in
                 recent history. This need remains as the United States
                 continues to battle the public health threat posed by
                 the virus, while transitioning to a period of increased
                 economic activity and recovery in those areas of the
                 Nation where the threat posed by the virus has been
                 sufficiently mitigated. To provide maximum support to
                 the States and territories as they make decisions about
                 the responses required to address local conditions in
                 their respective jurisdictions with respect to
                 combatting the threat posed by the virus and, where
                 appropriate, facilitating their economic recovery, I am
                 taking the actions set forth in sections 2, 3, and 4 of
                 this memorandum:
                 Sec. 2. One Hundred Percent Federal Cost Share. To
                 maximize assistance to the Governors of the States of
                 Alabama, Alaska, and Delaware to facilitate Federal
                 support with respect to the use of National Guard units
                 under State control, I am directing the Federal
                 Emergency Management Agency (FEMA) of the Department of
                 Homeland Security to fund 100 percent of the emergency
                 assistance activities associated with preventing,
                 mitigating, and responding to the threat to public
                 health and safety posed by the virus that these States
                 undertake using their National Guard forces, as
                 authorized by sections 403 (42 U.S.C. 5170b) and 503
                 (42 U.S.C. 5193) of the Stafford Act.
                 Sec. 3. Support of Operations or Missions to Prevent
                 and Respond to the Spread of COVID-19. I am directing
                 the Secretary of Defense, to the maximum extent
                 feasible and consistent with mission requirements
                 (including geographic proximity), to request pursuant
                 to 32 U.S.C. 502(f) that the Governors of the States of
                 Alabama, Alaska, and Delaware order National Guard
                 forces to perform duty to fulfill mission assignments,
                 on a fully reimbursable basis, that FEMA issues to the
                 Department of Defense for the purpose of
                [[Page 23204]]
                 supporting their respective State and local emergency
                 assistance efforts under the Stafford Act.
                 Sec. 4. Termination and Extension. The 100 percent
                 Federal cost share for the States' and territories' use
                 of National Guard forces authorized pursuant to this
                 memorandum, and my prior memoranda dated March 22, 28,
                 and 30, 2020, and April 2, 7, and 13, 2020, each titled
                 ``Providing Federal Support for Governors' Use of the
                 National Guard to Respond to COVID-19,'' shall extend
                 to, and shall be available for orders of any length
                 authorizing duty through, May 31, 2020.
                 Sec. 5. General Provisions. (a) Nothing in this
                 memorandum shall be construed to impair or otherwise
                 affect:
                (i) the authority granted by law to an executive department or agency, or
                the head thereof; or
                (ii) the functions of the Director of the Office of Management and Budget
                relating to budgetary, administrative, or legislative proposals.
                 (b) This memorandum shall be implemented consistent
                 with applicable law and subject to the availability of
                 appropriations.
                 (c) This memorandum is not intended to, and does
                 not, create any right or benefit, substantive or
                 procedural, enforceable at law or in equity by any
                 party against the United States, its departments,
                 agencies, or entities, its officers, employees, or
                 agents, or any other person.
                 (d) The Secretary of Defense is authorized and
                 directed to publish this memorandum in the Federal
                 Register.
                
                
                 (Presidential Sig.)
                 THE WHITE HOUSE,
                 Washington, April 20, 2020
                [FR Doc. 2020-08958
                Filed 4-23-20; 11:15 am]
                Billing code 5001-06-P
                

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