[Federal Register Volume 85, Number 236 (Tuesday, December 8, 2020)]
[Presidential Documents]
[Pages 78947-78948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27069]


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  Federal Register / Vol. 85, No. 236 / Tuesday, December 8, 2020 / 
Presidential Documents  

[[Page 78947]]


                Memorandum of December 3, 2020

                
Extension of 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 continues to be the policy of the 
                United States to foster close cooperation and mutual 
                assistance among the Federal Government and the States 
                and territories in the battle against the threat posed 
                by the spread of COVID-19. 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, the States and 
                territories will need assistance in fighting hot spots 
                as they emerge. Therefore, to continue 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 COVID-19 
                pandemic and, where appropriate, facilitating their 
                economic recovery, I am taking the actions set forth in 
                sections 2, 3, 4, and 5 of this memorandum:

                Sec. 2. Additional Twenty-Five Percent Federal Cost 
                Share. To maximize assistance to the Governor of the 
                State of Iowa and 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 Iowa 
                undertakes using its National Guard forces, to be 
                applied retroactively from August 3, 2020, 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 Iowa with a 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 Iowa shall extend to, and 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. 4. Seventy-Five Percent Federal Cost Share. To 
                maximize assistance to the Governor of the State of 
                Iowa, and to facilitate Federal support with respect to 
                the use of National Guard units under State control, I

[[Page 78948]]

                am directing FEMA, beginning on January 1, 2021, 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 the State of Iowa 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. 5. Seventy-Five Percent Federal Cost Share 
                Termination. The 75 percent Federal cost share provided 
                for in section 4 of this memorandum shall be available 
                for orders of any length authorizing duty through March 
                31, 2021. 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. 6. 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, December 3, 2020

[FR Doc. 2020-27069
Filed 12-7-20; 8:45 am]
Billing code 5001-06-P-P