[Federal Register Volume 86, Number 17 (Thursday, January 28, 2021)]
[Presidential Documents]
[Pages 7481-7482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02043]




                        Presidential Documents 



Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / 
Presidential Documents

[[Page 7481]]


                Memorandum of January 21, 2021

                
Memorandum To Extend Federal Support to 
                Governors' Use of the National Guard To Respond to 
                COVID-19 and To Increase Reimbursement and Other 
                Assistance Provided to States

                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, I hereby order as follows:

                Section 1. Policy. Consistent with the nationwide 
                emergency declaration concerning the coronavirus 
                disease 2019 (COVID-19) pandemic on March 13, 2020, it 
                is the policy of my Administration to combat and 
                respond to COVID-19 with the full capacity and 
                capability of the Federal Government to protect and 
                support our families, schools, and businesses, and to 
                assist State, local, Tribal, and territorial 
                governments to do the same, to the extent authorized by 
                law.

                Sec. 2. Support of Operations or Missions to Prevent 
                and Respond to the Spread of COVID-19. (a) The 
                Secretary of Defense shall, to the maximum extent 
                feasible and consistent with mission requirements 
                (including geographic proximity), request pursuant to 
                32 U.S.C. 502(f) that all State and territorial 
                governors order National Guard forces to perform duty 
                to fulfill mission assignments, on a fully reimbursable 
                basis, that the Federal Emergency Management Agency 
                (FEMA) issues to the Department of Defense for the 
                purpose of supporting State, local, Tribal, and 
                territorial emergency assistance efforts under the 
                Stafford Act.

                    (b) FEMA shall fund 100 percent of the cost of 
                activities associated with all mission assignments for 
                the use of the National Guard under 32 U.S.C. 502(f) to 
                respond to COVID-19, as authorized by sections 403 (42 
                U.S.C. 5170b), 502 (42 U.S.C. 5192), and 503 (42 U.S.C. 
                5193) of the Stafford Act.
                    (c) This section supersedes prior Presidential 
                Memoranda requesting the use of the National Guard to 
                respond to the COVID-19 emergency to the extent they 
                are inconsistent with this memorandum.

                Sec. 3. Assistance for Category B Emergency Protective 
                Measures. (a) In accordance with sections 403 (42 
                U.S.C. 5170b) and 502 (42 U.S.C. 5192) of the Stafford 
                Act, FEMA shall, as appropriate and consistent with 
                applicable law, make available under Category B of the 
                Public Assistance program such assistance as may be 
                required by States (including territories and the 
                District of Columbia), local governments, and Tribal 
                governments to provide for the safe opening and 
                operation of eligible schools, child-care facilities, 
                healthcare facilities, non-congregate shelters, 
                domestic violence shelters, transit systems, and other 
                eligible applicants. Such assistance may include 
                funding for the provision of personal protective 
                equipment and disinfecting services and supplies.

                    (b) FEMA shall make assistance under this section 
                available at a 100 percent Federal cost share until 
                September 30, 2021.

[[Page 7482]]

                Sec. 4. Advanced Reimbursement. To make reimbursements 
                for approved work under the Stafford Act to respond to 
                COVID-19 available more quickly, FEMA shall expedite 
                reimbursement for eligible emergency work projects and, 
                as appropriate and consistent with applicable law, 
                provide an advance of the Federal share on a percentage 
                of the expected reimbursement from FEMA-approved 
                projects.

                Sec. 5. One-Hundred Percent Cost Share Termination. The 
                100 percent Federal cost share for use of National 
                Guard forces authorized by section 2(b) of this 
                memorandum shall extend to, and shall be available for, 
                orders of any length authorizing duty through September 
                30, 2021.

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

                THE WHITE HOUSE,

                    Washington, January 21, 2021

[FR Doc. 2021-02043
Filed 1-27-21; 11:15 am]
Billing code 5001-06-P