[Federal Register Volume 85, Number 59 (Thursday, March 26, 2020)]
[Presidential Documents]
[Pages 16997-16998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06476]


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  Federal Register / Vol. 85, No. 59 / Thursday, March 26, 2020 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 16997]]

                Memorandum of March 22, 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 Governors in 
                their responses to all threats and hazards to the 
                American people in their respective States. 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)). To date, 50 States, 
                the District of Columbia, 3 territories, 4 tribes, and 
                1 tribal nation have also declared emergencies as a 
                result of the outbreak. 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 California, New York, and Washington as they make 
                decisions about the responses required to address local 
                conditions in each of their respective States 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 
                California, New York, and Washington 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 
                California, New York, and Washington 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 16998]]

                supporting their respective State and local emergency 
                assistance efforts under the Stafford Act.

                Sec. 4. 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,

                    March 22, 2020.

[FR Doc. 2020-06476
Filed 3-25-20; 8:45 am]
Billing code 3295-F0-P