Providing Continued Federal Support for Governors' Use of the National Guard To Respond to COVID-19 and To Facilitate Economic Recovery
| Published date | 26 May 2020 |
| Record Number | 2020-11427 |
| Section | Presidential Documents |
| Court | Executive Office Of The President |
Federal Register, Volume 85 Issue 101 (Tuesday, May 26, 2020)
[Federal Register Volume 85, Number 101 (Tuesday, May 26, 2020)]
[Presidential Documents]
[Pages 31665-31666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11427]
[[Page 31663]]
Vol. 85
Tuesday,
No. 101
May 26, 2020
Part III
The President
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Memorandum of May 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. 101 / Tuesday, May 26, 2020 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 31665]]
Memorandum of May 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 Governors under
the Stafford Act in their responses to all threats and
hazards to the American people in their respective
States. 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 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 Governor of the State of Utah as
he makes decisions about the responses required to
address local conditions in his jurisdiction with
respect to combatting the threat posed by the virus
and, where appropriate, facilitating its 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 Governor of the State of
Utah 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 Utah undertakes using its 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 Governor of the State of
Utah 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 supporting State and local emergency
assistance efforts under the Stafford Act.
[[Page 31666]]
Sec. 4. Termination and Extension. The 100 percent
Federal cost share for the State of Utah's use of
National Guard forces authorized pursuant to this
memorandum shall extend to, and shall be available for
orders of any length authorizing duty through, June 24,
2020. Such orders include duty necessary to comply with
health protection protocols recommended by the Centers
for Disease Control and Prevention or other health
protection measures agreed to by FEMA and the
Department of Defense.
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,
May 20, 2020
[FR Doc. 2020-11427
Filed 5-22-20; 11:15 am]
Billing code 5001-06-P
