Presidential Documents

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

7482 Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Presidential Documents 

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. 

THE WHITE HOUSE, 

Washington, January 21, 2021 

[FR Doc. 2021–02043 

Filed 1–27–21; 11:15 am] 

Billing code 5001–06–P 


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