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Memorandum of February 2, 2021: Maximizing Assistance From the Federal Emergency Management Agency To Respond to COVID–19

Summary

In a memorandum of February 2, 2021, published in the Federal Register on February 5, 2021, the President directs the Secretary of Homeland Security and the FEMA Administrator to provide a 100 percent Federal cost share for all work eligible under Public Assistance Category B, COVID-19 emergency protective measures, under sections 403, 502 and 503 of the Stafford Act. The direction covers two periods: work performed from January 21, 2021, through September 30, 2021, including that authorized by section 3(a) of the memorandum of January 21, 2021 on the National Guard; and work performed from January 20, 2020, through January 20, 2021, not including that section 3(a) work. The memorandum cites the nationwide emergency declaration of March 13, 2020. It creates no enforceable right or benefit and is subject to the availability of appropriations.

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Full text

                                                                 Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Presidential Documents                      8281

                                                                                                 Presidential Documents



                                                                                                 Memorandum of February 2, 2021

                                                                                                 Maximizing Assistance From the Federal Emergency Manage-
                                                                                                 ment Agency To Respond to COVID–19

                                                                                                 Memorandum for the Secretary of Homeland Security [and] the Adminis-
                                                                                                 trator 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. 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, including
                                                                                                 through emergency and disaster assistance available from the Federal Emer-
                                                                                                 gency Management Agency (FEMA).
                                                                                                 Sec. 2. Assistance for Category B COVID–19 Emergency Protective Measures.
                                                                                                 (a) FEMA shall provide a 100 percent Federal cost share for all work eligible
                                                                                                 for assistance under Public Assistance Category B, pursuant to sections
                                                                                                 403 (42 U.S.C. 5170b), 502 (42 U.S.C. 5192), and 503 (42 U.S.C. 5193)
                                                                                                 of the Stafford Act, including that authorized by section 3(a) of my memo-
                                                                                                 randum 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), performed
                                                                                                 from January 21, 2021, through September 30, 2021.
                                                                                                    (b) FEMA shall provide a 100 percent Federal cost share for all work
                                                                                                 eligible for assistance under Public Assistance Category B, pursuant to sec-
                                                                                                 tions 403 (42 U.S.C. 5170b), 502 (42 U.S.C. 5192), and 503 (42 U.S.C.
                                                                                                 5193) of the Stafford Act, but not including that authorized by section
                                                                                                 3(a) of my memorandum of January 21, 2021, performed from January 20,
                                                                                                 2020, through January 20, 2021.
                                                                                                 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.
                                                                                                   (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,




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                                                                                                 its officers, employees, or agents, or any other person.




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                                             8282                Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Presidential Documents

                                                                                                   (d) The Administrator of FEMA is authorized and directed to publish
                                                                                                 this memorandum in the Federal Register.




                                                                                                 THE WHITE HOUSE,
                                                                                                 Washington, February 2, 2021


                                             [FR Doc. 2021–02569
                                             Filed 2–4–21; 8:45 am]
                                             Billing code 9111–23–P




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