[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]
Presidential Documents
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