[Federal Register Volume 85, Number 236 (Tuesday, December 8, 2020)]
[Presidential Documents]
[Pages 78945-78946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27068]




                        Presidential Documents 



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

[[Page 78945]]


                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, 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 
                Florida and Texas shall terminate on December 31, 2020, 
                in accordance with my prior memoranda dated August 3, 
                2020, each titled ``Extension of the 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, Florida, Georgia, Hawaii, Idaho, 
                Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, 
                Maryland, Massachusetts, Michigan, Minnesota, 
                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, Texas, Utah, Vermont, Virginia, 
                Washington, West Virginia, and 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 under State and 
                territorial 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

[[Page 78946]]

                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. 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.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, December 3, 2020

[FR Doc. 2020-27068
Filed 12-7-20; 8:45 am]
Billing code 5001-06-P