Providing Federal Support for Governors' Use of the National Guard To Respond to COVID-19

This memorandum directs FEMA to cover 100% of emergency assistance costs for National Guard activities in California, New York, and Washington responding to COVID-19 under the Stafford Act. It also directs the Secretary of Defense to request that governors of those three states order National Guard forces to perform duty for FEMA-issued mission assignments on a fully reimbursable basis.

Federal Register Open PDF 85 FR 16997

Impact dates

Mar 22, 2020
FEMA to fund 100% of emergency assistance activities
Mar 22, 2020
Secretary of Defense to request governors order National Guard duty
Mar 22, 2020
Secretary of Defense to publish memorandum in Federal Register

Key directives

FEMA to fund 100% of emergency assistance activities for National Guard forces in CA, NY, WA under Stafford Act sections 403 and 503
Secretary of Defense to request governors of CA, NY, WA order National Guard to perform duty under 32 U.S.C. 502(f) for FEMA mission assignments on fully reimbursable basis
Secretary of Defense to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

100% federal cost share takes effect for three states' National Guard COVID-19 activities
Secretary of Defense authorized to request governors order National Guard duty

Near term (90d)

FEMA funding of National Guard emergency assistance activities
DoD fulfillment of FEMA mission assignments

Long term

Potential precedent for federal cost-sharing in pandemic National Guard deployments

Risks & tensions

Limited to three states (CA, NY, WA) — may create equity concerns with other states requesting similar treatment
'To the maximum extent feasible and consistent with mission requirements' creates implementation flexibility/uncertainty
Fully reimbursable basis for DoD missions may create administrative complexity
Subject to availability of appropriations creates fiscal contingency