Memorandum of December 27, 2021: Maximizing Assistance to Respond to COVID–19
Summary
In a memorandum of December 27, 2021, published in the Federal Register on January 3, 2022, the President directs the Secretary of Health and Human Services, the Secretary of Homeland Security and the FEMA Administrator on COVID-19 testing under the Stafford Act. When a State, Tribal or territorial government asks FEMA for direct Federal assistance to establish or expand COVID-19 testing sites, the FEMA Administrator is to issue a mission assignment to HHS, on a fully reimbursable basis, for testing sites launched and operated by HHS. HHS is to adjudicate those requests through the Emergency Support Function #8 Advisory Council. FEMA is to fund 100 percent of the cost of the activities under those mission assignments, under sections 403, 502 and 503 of the Stafford Act. The memorandum creates no enforceable right or benefit and is subject to the availability of appropriations.
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Full text
Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Presidential Documents 27
Presidential Documents
Memorandum of December 27, 2021
Maximizing Assistance to Respond to COVID–19
Memorandum for the Secretary of Health and Human Services[,] the Sec-
retary of Homeland Security[, and] the Administrator of the Federal
Emergency Management Agency
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’’), I hereby order as follows:
Section 1. Policy. It is the policy of my Administration to combat and
respond to the coronavirus disease 2019 (COVID–19) pandemic 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. This policy includes the use of
emergency and disaster assistance available from the Federal Emergency
Management Agency (FEMA) to get COVID–19 testing to the places that
need it most.
Sec. 2. Assistance for COVID–19 Screening as an Emergency Protective Meas-
ure. (a) With respect to a request to FEMA from any State, Tribal, or
territorial government for direct Federal assistance to establish or expand
COVID–19 testing sites, the Administrator of FEMA shall issue a mission
assignment to the Department of Health and Human Services (HHS), on
a fully reimbursable basis, to provide testing sites, launched and operated
by HHS in close coordination with State, local, Tribal, and territorial public
health departments.
(b) FEMA’s mission assignments will require HHS to adjudicate State,
Tribal, and territorial requests through the Emergency Support Function
#8 Advisory Council.
(c) FEMA shall fund 100 percent of the cost of activities associated with
the mission assignments to HHS to provide COVID–19 testing sites as de-
scribed in section 2(a) of this memorandum, 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.
Sec. 3. General Provisions. (a) Nothing in this memorandum shall be con-
strued 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.
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(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.
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28 Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Presidential Documents
(d) The Administrator of FEMA is authorized and directed to publish
this memorandum in the Federal Register.
THE WHITE HOUSE,
Washington, December 27, 2021
[FR Doc. 2021–28520
Filed 12–30–21; 8:45 am]
Billing code 9111–23–P
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