[Federal Register Volume 85, Number 93 (Wednesday, May 13, 2020)]
[Presidential Documents]
[Pages 28839-28840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10437]


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  Federal Register / Vol. 85 , No. 93 / Wednesday, May 13, 2020 / 
Presidential Documents  

[[Page 28839]]


                Memorandum of May 8, 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 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. 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 and territories 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 States and territories as they make decisions about 
                the responses required to address local conditions in 
                their respective jurisdictions with respect to 
                combatting the threat posed by the virus and, where 
                appropriate, facilitating their 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 
                South 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 South 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 
                South 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 28840]]

                Sec. 4. Termination and Extension. The 100 percent 
                Federal cost share for the States' and territories' use 
                of National Guard forces authorized pursuant to this 
                memorandum, and my prior memoranda dated March 22, 28, 
                and 30, 2020, and April 2, 7, and 13, 2020, each titled 
                ``Providing Federal Support for Governors' Use of the 
                National Guard to Respond to COVID-19,'' and my prior 
                memoranda dated April 20 and 28, 2020, each titled 
                ``Providing Continued Federal Support for Governors' 
                Use of the National Guard to Respond to COVID-19 and to 
                Facilitate Economic Recovery,'' shall extend to, and 
                shall be available for orders of any length authorizing 
                duty through June 24, 2020. Such orders include duty 
                necessary to comply with health protection protocols 
                recommended by the Centers for Disease Control and 
                Prevention or other health protection measures agreed 
                to by FEMA and the Department of Defense.

                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, May 8, 2020

[FR Doc. 2020-10437
Filed 5-12-20; 11:15 am]
Billing code 5001-06-P