[Federal Register Volume 85, Number 85 (Friday, May 1, 2020)]
[Presidential Documents]
[Pages 26317-26318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09540]


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  Federal Register / Vol. 85 , No. 85 / Friday, May 1, 2020 / 
Presidential Documents  

[[Page 26317]]


                Memorandum of April 28, 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 North 
                Dakota 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 
                North Dakota 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 North Dakota 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 
                North Dakota 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 26318]]

                Sec. 4. Termination and Extension. The 100 percent 
                Federal cost share for the State of North Dakota'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, 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 28, 2020

[FR Doc. 2020-09540
Filed 4-30-20; 11:15 am]
Billing code 5001-06-P