[Federal Register Volume 85, Number 156 (Wednesday, August 12, 2020)]
[Presidential Documents]
[Pages 49225-49226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17786]


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  Federal Register / Vol. 85, No. 156 / Wednesday, August 12, 2020 / 
Presidential Documents  

[[Page 49225]]


                Memorandum of August 7, 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 and 3 of this memorandum:

                Sec. 2. Additional Twenty-Five Percent Federal Cost 
                Share. To maximize assistance to the Governor of the 
                State of California 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 an additional 25 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 this 
                State 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. This, in addition 
                to the 75 percent Federal cost share established in my 
                prior memorandum dated August 3, 2020, titled 
                ``Extension of the Use of the National Guard to Respond 
                to COVID-19 and to Facilitate Economic Recovery,'' 
                shall provide the State of California with 100 percent 
                Federal cost share.

                Sec. 3. Additional Twenty-Five Percent Federal Cost 
                Share Termination. The additional 25 percent Federal 
                cost share for the State's use of National Guard forces 
                for the State of California shall extend to, and shall 
                be available for orders of any length authorizing duty 
                through September 30, 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.

[[Page 49226]]

                Sec. 4. 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 7, 2020

[FR Doc. 2020-17786
Filed 8-11-20; 11:15 am]
Billing code 5001-06-P