Providing Federal Support for Governors' Use of the National Guard To Respond to COVID-19, 19639-19640 [2020-07453]

Agencies

• Executive Office of the President

[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Presidential Documents]
[Pages 19639-19640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07453]




                        Presidential Documents 



Federal Register / Vol. 85 , No. 67 / Tuesday, April 7, 2020 / 
Presidential Documents

[[Page 19639]]


                Memorandum of April 2, 2020

                
Providing Federal Support for Governors' Use of 
                the National Guard To Respond to COVID-19

                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. Considering the 
                profound and unique public health risks posed by the 
                ongoing outbreak of COVID-19, the disease caused by the 
                novel (new) coronavirus known as SARS-CoV-2 (``the 
                virus''), the need for close cooperation and mutual 
                assistance between the Federal Government and the 
                States is greater than at any time in recent history. 
                In recognizing this serious public health risk, I noted 
                that on March 11, 2020, the World Health Organization 
                announced that the COVID-19 outbreak can be 
                characterized as a pandemic. On March 13, 2020, I 
                declared a national emergency recognizing the threat 
                that SARS-CoV-2 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)). All States have 
                activated their Emergency Operations Centers and are 
                working to fight the spread of the virus and attend to 
                those who have symptoms or who are already infected 
                with COVID-19. To provide maximum support to the 
                Governors of the States of Georgia, Hawaii, Indiana, 
                Missouri, New Hampshire, New Mexico, Ohio, Rhode 
                Island, Tennessee, and Texas and the territory of the 
                U.S. Virgin Islands as they make decisions about the 
                responses required to address local conditions in each 
                of their respective jurisdictions and as they request 
                Federal support under the Stafford Act, I am taking the 
                actions set forth in sections 2 and 3 of this 
                memorandum:

                Sec. 2. One Hundred Percent Federal Cost Share. To 
                maximize assistance to the Governors of the States of 
                Georgia, Hawaii, Indiana, Missouri, New Hampshire, New 
                Mexico, Ohio, Rhode Island, Tennessee, and Texas and 
                the territory of the U.S. Virgin Islands 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 and this territory 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 
                Georgia, Hawaii, Indiana, Missouri, New Hampshire, New 
                Mexico, Ohio, Rhode Island, Tennessee, and Texas and 
                the territory of

[[Page 19640]]

                the U.S. Virgin Islands 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 their 
                respective State, territorial, and local emergency 
                assistance efforts under the Stafford Act.

                Sec. 4. Termination. The 100 percent Federal cost share 
                provided for in this memorandum shall terminate 30 days 
                from the date of this memorandum.

                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 2, 2020

[FR Doc. 2020-07453
Filed 4-6-20; 11:15 am]
Billing code 3295-F0-P