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

This memorandum directs FEMA to fund 100% of emergency assistance activities performed by National Guard units under state control in Iowa, Kansas, Maine, Nebraska, Oklahoma, and Vermont for COVID-19 response. It also directs the Secretary of Defense to request that these governors order National Guard forces to perform duty assignments issued by FEMA, on a fully reimbursable basis.

Federal Register Open PDF 85 FR 21737

Impact dates

May 14, 2020
Orders of duty limited to 31 days or fewer for 100% federal cost share
Apr 27, 2020
National Guard orders must be effective no later than this date

Key directives

FEMA shall fund 100% of emergency assistance activities for National Guard forces in six specified states under Stafford Act sections 403 and 503
Secretary of Defense shall request governors order National Guard to perform duty for FEMA mission assignments on fully reimbursable basis under 32 U.S.C. 502(f)
Orders must be effective no later than 2 weeks from April 13, 2020
100% cost share applies only to orders of 31 days or fewer duration
Secretary of Defense authorized and directed to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

100% federal cost share takes effect for qualifying National Guard orders
Secretary of Defense directed to request governors order National Guard duty

Near term (90d)

National Guard orders must be effective no later than April 27, 2020
Orders limited to 31 days or fewer duration

Long term

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Risks & tensions

Limited to six states; may create equity concerns among states not receiving 100% cost share
31-day order limit and 2-week effective deadline create operational pressure
Fully reimbursable basis for DoD missions (Section 3) differs from 100% FEMA-funded structure (Section 2), creating potential administrative complexity
Subject to availability of appropriations creates uncertainty if funds exhausted