FR 2021-02043

The Presidential Memorandum titled "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," as published in the Federal Register, outlines significant measures aimed at bolstering the nation's response to the COVID-19 pandemic. This memorandum focuses on extending federal support to states through the deployment of the National Guard and providing substantial financial assistance for various emergency operations.

General Summary

At its core, the memorandum authorizes the use of the National Guard to assist in state-level COVID-19 response efforts. The Federal Emergency Management Agency (FEMA) will cover all associated costs for these mission assignments. Additionally, the memorandum allows for a 100% federal cost share for emergency protective measures intended to ensure the safe operation of schools, healthcare facilities, and other critical institutions until September 30, 2021. By speeding up reimbursements and possibly offering advance funding, the memorandum aims to facilitate rapid response measures.

Significant Issues and Concerns

While the memorandum delivers much-needed federal assistance, it raises several concerns:

1. Increased Spending: Fully reimbursing states for National Guard operations could lead to excessive spending if not closely monitored. Costly miscalculations may occur without effective oversight.

2. Potential Inefficiencies: The provision for advance reimbursement could expedite necessary payments but also bears the risk of inefficiencies. Incorrect projections or incomplete projects might result in financial mismanagement.

3. Subjective Language: Terms like "to the maximum extent feasible and consistent with mission requirements" are open to interpretation, potentially leading to inconsistent applications of policy.

4. No Extension Criteria: The absence of defined criteria for extending support beyond September 30, 2021, could result in prolonged high expenditures without clear justification.

5. Lack of Oversight Mechanisms: The document does not specify how funds will be monitored to ensure prudent use. This omission could lead to inefficiencies or misapplications not being promptly addressed.

6. Reclaiming Overpayment: The memorandum lacks procedures for reclaiming overpaid or misallocated funds, leaving room for unchecked financial losses.

Impact on the Public and Stakeholders

The implications of this memorandum are vast:

• General Public: By increasing resources for COVID-19 response, the general public may benefit from enhanced safety measures in schools, healthcare, and other essential sectors. The deployment of the National Guard can boost the efficiency of public services during the ongoing crisis.

• State and Local Governments: These entities stand to benefit from not having to bear the financial burden of deploying the National Guard. With federal backing, they are better equipped to direct funds to other high-priority areas.

• Healthcare and Education Sectors: These sectors may experience a positive impact through maintained operations with necessary safety precautions, facilitated by the federal financial assistance.

• Economic Concerns: While the immediate economic relief is beneficial, the potential for increased spending without stringent controls could have negative long-term fiscal effects. Stakeholders must balance the immediate benefits with the potential risk of inefficiencies and budgetary overruns.

In conclusion, the memorandum outlines crucial steps in the federal government's ongoing response to the COVID-19 pandemic. While it provides significant benefits by supporting state and local efforts, there remains a vital need for careful implementation and oversight to mitigate the risks of overspending and financial mismanagement.