Skip to comments.Memorandum on Providing Federal Support for Governorsí Use of the National Guard to Respond to COVID-19
Posted on 04/02/2020 6:38:04 PM PDT by ransomnote
MEMORANDUM FOR THE SECRETARY OF DEFENSE
THE SECRETARY OF HOMELAND SECURITY
SUBJECT: Providing Federal Support for Governors’ Use of
the National Guard to Respond to COVID-19
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 is the policy of the United States to take measures to assist State and territorial Governors under the Stafford Act in their responses to all threats and hazards to the American people in their respective States and territories. Considering the profound and unique public health risks posed by the ongoing outbreak of COVID-19, the disease caused by the novel (new) coronavirus known as SARS-CoV-2 (“the virus”), the need for close cooperation and mutual assistance between the Federal Government and the States is greater than at any time in recent history. In recognizing this serious public health risk, I noted that on March 11, 2020, the World Health Organization announced that the COVID-19 outbreak can be characterized as a pandemic. On March 13, 2020, I declared a national emergency recognizing the threat that SARS-CoV-2 poses to the Nation’s healthcare systems. I also determined that same day that the COVID-19 outbreak constituted an emergency, of nationwide scope, pursuant to section 501(b) of the Stafford Act (42 U.S.C. 5191(b)). All States have activated their Emergency Operations Centers and are working to fight the spread of the virus and attend to those who have symptoms or who are already infected with COVID-19. To provide maximum support to the Governors of the States of Georgia, Hawaii, Indiana, Missouri, New Hampshire, New Mexico, Ohio, Rhode Island, Tennessee, and Texas and the territory of the U.S. Virgin Islands as they make decisions about the responses required to address local conditions in each of their respective jurisdictions and as they request Federal support under the Stafford Act, I am taking the actions set forth in sections 2 and 3 of this memorandum:
Sec. 2. One Hundred Percent Federal Cost Share. To maximize assistance to the Governors of the States of Georgia, Hawaii, Indiana, Missouri, New Hampshire, New Mexico, Ohio, Rhode Island, Tennessee, and Texas and the territory of the U.S. Virgin Islands 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 100 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 this territory 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. 3. Support of Operations or Missions to Prevent and Respond to the Spread of COVID-19. I am directing the Secretary of Defense, to the maximum extent feasible and consistent with mission requirements (including geographic proximity), to request pursuant to 32 U.S.C. 502(f) that the Governors of the States of Georgia, Hawaii, Indiana, Missouri, New Hampshire, New Mexico, Ohio, Rhode Island, Tennessee, and Texas and the territory of the U.S. Virgin Islands order National Guard forces to perform duty to fulfill mission assignments, on a fully reimbursable basis, that FEMA issues to the Department of Defense for the purpose of supporting their respective State, territorial, and local emergency assistance efforts under the Stafford Act.
Sec. 4. Termination. The 100 percent Federal cost share provided for in this memorandum shall terminate 30 days from the date of this memorandum.
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.
DONALD J. TRUMP
Rather hard to figure out what is authorized. My summary take is this...
I am directing the Secretary of Defense...to request...that the Governors of [a bunch of] States...order National Guard forces to perform duty to fulfill mission assignments...that FEMA issues to DOD for the purpose of supporting their...emergency assistance efforts...
So whatever FEMA orders are issued to DOD, the NG can carry out. I think.
Need the National Guard to quarantine the governors..
A doctor interviewed on the radio tonight said that she and others in epidemiology are guessing that the situation in these states
Georgia, Hawaii, Indiana, Missouri, New Hampshire, New Mexico, Ohio, Rhode Island, Tennessee, and Texas
is “the calm before the storm.”
Tonight, I had to take a short, essential drive. In a small grocery store, a man in his thirties was standing at the counter emitting a steady, unending stream of talk to the clerk, shifting his weight back and forth a little, as he did so (elephant stepping). Another employee in the store said that the man was a stranger and had been doing that for over an hour. She said that several others had been doing the same, so that someone or other was standing around and talking there all day.
Stopped for gas outside of a convenience store and gas station. A pickup truck was blocking the last pump in the row. The driver, in his thirties, and passenger (probably in her fifties) looked like goons—like characters out of a movie about inbred mutants in meth country.
The driver’s side door was open with the driver leaning out a little through the open doorway, and there was some kind of large mess on the pavement next to it. After I filled the tank (using a card and wearing gloves), the pickup truck had pulled out of the drive in front of me. I drove forward through the space next to the last pump and saw that the mess on the pavement was a large pool of vomit.
...like something out of the beginning of a zombie flick.
Sooo.....I’m beginning to wonder...what they want to do??
And if the feds are 100% paying for the NG operations, it would follow that the NG now follows Fed Gov orders.
Interesting that the hot spots of NY, IL, CA, WA are not on the list.
Whatever it is, the memo is invalid - as is the reimbursement - after 30 days.
I label it a “contingency” under this POTUS. Under the last POTUS I expect that it would NOT have had the “30 day” exception...
Interesting that the hot spots of NY, IL, CA, WA are not on the list.
I think you’re on the right track in that those states are trying hardest to remove President Trump. I checked the prior versions of this document and those states already got their matching presidential notices. See post 1 where I list prior documents by the same name. I’ve excerpted the date and states below. I just can’t imagine that the hot spots you listed are playing nicely with others - maybe added or removed a clause or...something.
To provide maximum support to the Governors of the States of California, New York, and Washington as they make decisions about the responses required to address local conditions in each of their respective States and as they request Federal support under the Stafford Act, I am taking the actions set forth in sections 2 and 3 of this memorandum:
To provide maximum support to the Governors of the States of Florida, Louisiana, Maryland, Massachusetts, and New Jersey and the territories of Guam and Puerto Rico as they make decisions about the responses required to address local conditions in each of their respective States
To provide maximum support to the Governors of the States of Connecticut, Illinois, and Michigan as they make decisions about the responses required to address local conditions in each of their respective States
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