[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Presidential Documents]
[Pages 20383-20384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07801]


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  Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / 
Presidential Documents  

[[Page 20383]]


                Memorandum of April 7, 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 under 
                the Stafford Act 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)). 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 Arizona, Colorado, Kentucky, 
                Mississippi, Montana, Nevada, North Carolina, Oregon, 
                Pennsylvania, South Carolina, Virginia, Wisconsin, and 
                West Virginia 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 
                Arizona, Colorado, Kentucky, Mississippi, Montana, 
                Nevada, North Carolina, Oregon, Pennsylvania, South 
                Carolina, Virginia, Wisconsin, and West Virginia 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 
                Arizona, Colorado, Kentucky, Mississippi, Montana, 
                Nevada, North Carolina, Oregon, Pennsylvania, South 
                Carolina, Virginia, Wisconsin,

[[Page 20384]]

                and West Virginia 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 and local emergency assistance efforts 
                under the Stafford Act.

                Sec. 4. Termination. The 100 percent Federal cost share 
                for National Guard forces pursuant to this memorandum, 
                and in my prior memoranda dated March 22, 28, and 30, 
                2020, and April 2, 2020, each titled ``Providing 
                Federal Support for Governors' Use of the National 
                Guard to Respond to COVID-19,'' is effective for orders 
                of duty of a duration of 31 days or fewer. These orders 
                of duty must be effective no later than 2 weeks 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 7, 2020

[FR Doc. 2020-07801
Filed 4-9-20; 11:15 am]
Billing code 3295-F0-P