[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
[Presidential Documents]
[Pages 47885-47886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17370]


 
 
                         Presidential Documents 
 
 

  Federal Register / Vol. 85, No. 152 / Thursday, August 6, 2020 / 
Presidential Documents  

[[Page 47885]]


                Memorandum of August 3, 2020

                
Extension of the 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 continues to be the policy of the 
                United States to foster close cooperation and mutual 
                assistance between the Federal Government and the 
                States and territories in the battle against the threat 
                posed by the spread of COVID-19, especially as the 
                United States transitions to a period of increased 
                economic activity and recovery in those areas of the 
                Nation where the threat posed by COVID-19 has been 
                sufficiently mitigated. To date, activated National 
                Guard forces around the country have provided critical 
                support to Governors as the Governors work to address 
                the needs of those populations within their respective 
                States and territories especially vulnerable to the 
                effects of COVID-19, including those in nursing homes, 
                assisted living facilities, and other long-term care or 
                congregate settings. Additionally, States and 
                territories will need assistance in fighting COVID-19 
                hot spots as they emerge. Therefore, to continue to 
                provide maximum support to 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 COVID-19 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 
                Termination. The 100 percent Federal cost share for the 
                State's use of National Guard forces for the States of 
                Alabama, Alaska, Arizona, California, Colorado, 
                Connecticut, Delaware, Georgia, Hawaii, Illinois, 
                Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, 
                Maryland, Massachusetts, Michigan, Mississippi, 
                Missouri, Montana, Nebraska, Nevada, New Hampshire, New 
                Jersey, New Mexico, New York, North Carolina, North 
                Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode 
                Island, South Carolina, South Dakota, Tennessee, Utah, 
                Vermont, Virginia, Washington, West Virginia, 
                Wisconsin, and the territories of Guam, Puerto Rico, 
                and the U.S. Virgin Islands shall terminate on August 
                21, 2020, in accordance with my prior memorandum dated 
                June 2, 2020, titled ``Providing Continued Federal 
                Support for Governors' Use of the National Guard to 
                Respond to COVID-19 and to Facilitate Economic 
                Recovery.''

                Sec. 3. Seventy-Five Percent Federal Cost Share. To 
                maximize assistance to the Governors of the States of 
                Alabama, Alaska, Arizona, California, Colorado, 
                Connecticut, Delaware, Georgia, Hawaii, Illinois, 
                Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, 
                Maryland, Massachusetts, Michigan, Mississippi, 
                Missouri, Montana, Nebraska, Nevada, New Hampshire, New 
                Jersey, New Mexico, New York, North Carolina, North 
                Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode 
                Island, South Carolina, South Dakota, Tennessee, Utah, 
                Vermont, Virginia, Washington, West Virginia, 
                Wisconsin, and the territories of Guam, Puerto Rico, 
                and the U.S. Virgin Islands to facilitate Federal 
                support with respect to the use of National Guard units

[[Page 47886]]

                under State control, I am directing the Federal 
                Emergency Management Agency (FEMA) of the Department of 
                Homeland Security to fund 75 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 
                and territories 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. 4. Seventy-Five Percent Federal Cost Share 
                Termination. The 75 percent Federal cost share provided 
                for in section 3 of this memorandum shall be available 
                for orders of any length authorizing duty through 
                December 31, 2020. Such orders include duty necessary 
                to comply with health protection protocols recommended 
                by the Centers for Disease Control and Prevention of 
                the Department of Health and Human Services or other 
                health protection measures agreed to by the Department 
                of Defense and FEMA.

                Sec. 3. 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, August 3, 2020

[FR Doc. 2020-17370
Filed 8-5-20; 11:15 am]
Billing code 5001-06-P