Recommendation:
Section 502(f) of 32 U.S.C., the Stafford Act provisions of Title 42, and contemporary interpretation of DoD fiscal-law do not support effective federally-funded employment of National Guardsmen during large-scale catastrophic disasters. DoD has continued to resist providing funding or authority to states. It is DoD's position that FEMA is the lead federal agency under the Stafford Act and that FEMA should provide necessary funding instead of DoD. The Reserve Forces Policy Board Report from 2012 recommended to "CLARIFY FEMA REIMBURSEMENT OF DOD -- DoD should work with the Department of Homeland Security, FEMA, and the Office of Management and Budget to clarify in writing the policy for reimbursement of pay of both National Guard and Reserve forces when assigned missions by the Secretary of Defense for purposes of conducting disaster relief operation. Specifically, the dialogue should cover possible revision of 44 CFR 206.8 or the creation of an agreement in writing between DOD and FEMA regarding reimbursement for the military pay of National Guard personnel employed for disaster operations under 32 USC 501(f) and for Reserve personnel employed under the new authority of 10 USC 12304a." If the Reserve Forces Policy Board recommendation was implemented it would address the following issues raised by the states: 11. Standardization of Health care - Soldiers without healthcare or those that get their healthcare cut off by their employer are now only covered by state workman' comp. Worker Compensation does not cover Guardsmen who become ill due to a disease such a COVID-19, during a Pandemic Response. 2. Some states have no USERRA-like protections for SAD. 3. Paying Guardsmen in SAD - The entire pay process that exists as a core function of the NG has to be duplicated by each state and territory. Utilizing DOD pay and accounting systems, which accurately accounts for incurred costs to the state, would be more efficient. Using the systems of record we already have will simplify the process and provide better accounting for the use of Federal dollars. Add the Reserve Forces Policy Board Recommendation to the current NGAUS resolution and obtain Congressional intent and guidance to the Secretary of Defense Department of Homeland Security, FEMA, and the Office of Management and Budget to clarify in writing the policy for reimbursement of pay of both National Guard when responding to catastrophic events under a Presidential Disaster Declaration.