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[104th Congress Public Law 321]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ321.104]

[[Page 110 STAT. 3877]]

Public Law 104-321
104th Congress

                            Joint Resolution

 
Granting the consent of Congress to the Emergency Management Assistance 
          Compact. <<NOTE:  Oct. 19, 1996 -  [H.J. Res. 193]>> 

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. <<NOTE: State listing.>>  CONGRESSIONAL CONSENT.

    The Congress consents to the Emergency Management 
Assistance Compact entered into by Delaware, Florida, Georgia, 
Louisiana, Maryland, Mississippi, Missouri, Oklahoma, South 
Carolina, South Dakota, Tennessee, Virginia, and West Virginia. The 
compact reads substantially as follows:

                ``Emergency Management Assistance Compact

                              ``ARTICLE I.

                       ``purpose and authorities.

    ``This compact is made and entered into by and between the 
participating member states which enact this compact, hereinafter called 
party states. For the purposes of this compact, the term `states' is 
taken to mean the several states, the Commonwealth of Puerto Rico, the 
District of Columbia, and all U.S. territorial possessions.
    ``The purpose of this compact is to provide for mutual assistance 
between the states entering into this compact in managing any emergency 
disaster that is duly declared by the Governor of the affected state, 
whether arising from natural disaster, technological hazard, man-made 
disaster, civil emergency aspects of resources shortages, community 
disorders, insurgency, or enemy attack.
    ``This compact shall also provide for mutual cooperation in 
emergency-related exercises, testing, or other training activities using 
equipment and personnel simulating performance of any aspect of the 
giving and receiving of aid by party states or subdivisions of party 
states during emergencies, such actions occurring outside actual 
declared emergency periods. Mutual assistance in this compact may 
include the use of the states' National Guard forces, either in 
accordance with the National Guard Mutual 
Assistance Compact or by mutual agreement between states.

[[Page 110 STAT. 3878]]

                              ``ARTICLE II.

                        ``general implementation.

    ``Each party state entering into this compact recognizes that many 
emergencies transcend political jurisdictional boundaries and that 
intergovernmental coordination is essential in managing these and other 
emergencies under this compact. Each state further recognizes that there 
will be emergencies which require immediate access and present 
procedures to apply outside resources to make a prompt and effective 
response to such an emergency. This is because few, if any, individual 
states have all the resources they may need in all types of emergencies 
or the capability of delivering resources to areas where emergencies 
exist.
    ``The prompt, full, and effective utilization of resources of the 
participating states, including any resources on hand or available from 
the federal government or any other source, that are essential to the 
safety, care, and welfare of the people in the event of any emergency or 
disaster declared by a party state, shall be the underlying principle on 
which all articles of this compact shall be understood.

    ``On behalf of the Governor of each state participating in the 
compact, the legally designated state official who is assigned 
responsibility for emergency management will be responsible for 
formulation of the appropriate interstate mutual aid plans and 
procedures necessary to implement this compact.

                             ``ARTICLE III.

                     ``party state responsibilities.

    ``A. It shall be the responsibility of each party state to formulate 
procedural plans and programs for interstate cooperation in the 
performance of the responsibilities listed in this article. In 
formulating such plans, and in carrying them out, the party states, 
insofar as practical, shall:
            ``1. Review individual state hazards analyses and, to the 
        extent reasonably possible, determine all those potential 
        emergencies the party states might jointly suffer, whether due 
        to natural disaster, technological hazard, man-made disaster, 
        emergency aspects of resources shortages, civil disorders, 
        insurgency, or enemy attack;
            ``2. Review party states' individual emergency plans and 
        develop a plan which will determine the mechanism for the 
        interstate management and provision of assistance concerning any 
        potential emergency;
            ``3. Develop interstate procedures to fill any identified 
        gaps and to resolve any identified inconsistencies or overlaps 
        in existing or developed plans;
            ``4. Assist in warning communities adjacent to or crossing 
        the state boundaries;
            ``5. Protect and assure uninterrupted delivery of services, 
        medicines, water, food, energy and fuel, search and rescue, and 
        critical lifeline equipment, services, and resources, both human 
        and material;
            ``6. Inventory and set procedures for the interstate loan 
        and delivery of human and material resources, together with 
        procedures for reimbursement or forgiveness; and

[[Page 110 STAT. 3879]]

            ``7. Provide, to the extent authorized by law, for temporary 
        suspension of any statutes or ordinances that restrict the 
        implementation of the above responsibilities.

    ``B. The authorized representative of a party state may request 
assistance to another party state by contacting the authorized 
representative of that state. The provisions of this compact shall only 
apply to requests for assistance made by and to authorized 
representatives. Requests may be verbal or in writing. If verbal, the 
request shall be confirmed in writing within thirty days of the verbal 
request. Requests shall provide the following information:
            ``1. A description of the emergency service function for 
        which assistance is needed, including, but not limited to, fire 
        services, law enforcement, emergency medical, transportation, 
        communications, public works and engineering, building, 
        inspection, planning and information assistance, mass care, 
        resource support, health and medical services, and search and 
        rescue;
            ``2. The amount and type of personnel, equipment, materials 
        and supplies needed, and a reasonable estimate of the length of 
        time they will be needed; and
            ``3. The specific place and time for staging of the 
        assisting party's response and a point of contact at that 
        location.

    ``C. There shall be frequent consultation between state officials 
who have assigned emergency management responsibilities and other 
appropriate representatives of the party states with affected 
jurisdictions and the United States Government, with free exchange of 
information, plans, and resource records relating to emergency 
capabilities.

                              ``ARTICLE IV.

                             ``limitations.

    ``Any party state requested to render mutual aid or conduct 
exercises and training for mutual aid shall take such action as is 
necessary to provide and make available the resources covered by this 
compact in accordance with the terms hereof; provided that it is 
understood that the state rendering aid may withhold resources to the 
extent necessary to provide reasonable protection for such state.
    ``Each party state shall afford to the emergency forces of any party 
state, while operating within its state limits under the terms and 
conditions of this compact, the same powers, except that of arrest 
unless specifically authorized by the receiving state, duties, rights, 
and privileges as are afforded forces of the state in which they are 
performing emergency services. Emergency forces will 
continue under the command and control of their regular leaders, but the 
organizational units will come under the operational control of the 
emergency services authorities of the state receiving assistance. These 
conditions may be activated, as needed, only subsequent to a declaration 
of a state emergency or disaster by the governor of the party state that 
is to receive assistance or upon commencement of exercises or training 
for mutual aid and shall continue so long as the exercises or training 
for mutual aid are in progress, the state of emergency or disaster 
remains in effect, or loaned resources remain in the receiving state, 
whichever is longer.

[[Page 110 STAT. 3880]]

                              ``ARTICLE V.

                         ``licenses and permits.

    ``Whenever any person holds a license, certificate, or other permit 
issued by any state party to the compact evidencing the meeting of 
qualifications for professional, mechanical, or other skills, and when 
such assistance is requested by the receiving party state, such person 
shall be deemed licensed, certified, or permitted by the state 
requesting assistance to render aid involving such skill to meet a 
declared emergency or disaster, subject to such limitations and 
conditions as the Governor of the requesting state may prescribe by 
executive order or otherwise.

                              ``ARTICLE VI.

                              ``liability.

    ``Officers or employees of a party state rendering aid in another 
state pursuant to this compact shall be considered agents of the 
requesting state for tort liability and immunity purposes. No party 
state or its officers or employees rendering aid in another state 
pursuant to this compact shall be liable on account of any act or 
omission in good faith on the part of such forces while so engaged or on 
account of the maintenance or use of any equipment or supplies in 
connection therewith. Good faith in this article shall not include 
willful misconduct, gross negligence, or recklessness.

                             ``ARTICLE VII.

                       ``supplementary agreements.

    ``Inasmuch as it is probable that the pattern and detail of the 
machinery for mutual aid among two or more states may differ from that 
among the states that are party hereto, this compact contains elements 
of a broad base common to all states, and nothing herein shall preclude 
any state entering into supplementary agreements with another state or 
affect any other agreements already in force between states. 
Supplementary agreements may comprehend, but shall not be limited to, 
provisions for evacuation and reception of injured and other persons and 
the exchange of medical, fire, police, public utility, reconnaissance, 
welfare, transportation and communications personnel, and equipment and 
supplies.

                             ``ARTICLE VIII.

                             ``compensation.

    ``Each party state shall provide for the payment of compensation and 
death benefits to injured members of the emergency forces of that state 
and representatives of deceased members of such forces in case such 
members sustain injuries or are killed while rendering aid pursuant
to this compact, in the same manner and on the same terms as if the 
injury or death were sustained within their own state.

[[Page 110 STAT. 3881]]

                              ``ARTICLE IX.

                            ``reimbursement.

    ``Any party state rendering aid in another state pursuant to this 
compact shall be reimbursed by the party state receiving such aid for 
any loss or damage to or expense incurred in the operation of any 
equipment and the provision of any service in answering a request for 
aid and for the costs incurred in connection with such requests; 
provided, that any aiding party state may assume in whole or in part 
such loss, damage, expense, or other cost, or may loan such equipment or 
donate such services to the receiving party state without charge or 
cost; and provided further, that any two or more party states may enter 
into supplementary agreements establishing a different allocation of 
costs among those states. 
Article VIII expenses shall not be reimbursable under this article.

                              ``ARTICLE X.

                              ``evacuation.

    ``Plans for the orderly evacuation and interstate reception of 
portions of the civilian population as the result of any emergency or 
disaster of sufficient proportions to so warrant, shall be worked out 
and maintained between the party states and the emergency management/
services directors of the various jurisdictions where any type of 
incident requiring evacuations might occur. Such plans shall be put into 
effect by request of the state from which evacuees come and shall 
include the manner of transporting such evacuees, the number of evacuees 
to be received in different areas, the manner in which food, clothing, 
housing, and medical care will be provided, the registration of the 
evacuees, the providing of facilities for the notification of relatives 
or friends, and the forwarding of such evacuees to other areas or the 
bringing in of additional materials, supplies, and all other relevant 
factors. Such plans shall provide that the party state receiving 
evacuees and the party state from which the evacuees come shall mutually 
agree as to reimbursement of out-of-pocket expenses incurred in 
receiving and caring for such evacuees, for expenditures for 
transportation, food, clothing, 
medicines, and medical care, and like items. Such expenditures shall be 
reimbursed as agreed by the party state from which the evacuees come. 
After the termination of the emergency or disaster, the party state from 
which the evacuees come shall assume the responsibility for the ultimate 
support of repatriation of such 
evacuees.

                              ``ARTICLE XI.

                            ``implementation.

    ``A. <<NOTE: Effective date.>>  This compact shall become effective 
immediately upon its enactment into law by any two states. Thereafter, 
this compact shall become effective as to any other state upon enactment 
by such state.

    ``B. Any party state may withdraw from this compact by enacting a 
statute repealing the same, but no such withdrawal shall take effect 
until thirty days after the Governor of the withdrawing state has given 
notice in writing of such withdrawal to the 
Governors of all other party states. Such action shall not relieve

[[Page 110 STAT. 3882]]

the withdrawing state from obligations assumed hereunder prior to the 
effective date of withdrawal.
    ``C. Duly authenticated copies of this compact and of such 
supplementary agreements as may be entered into shall, at the time of 
their approval, be deposited with each of the party states and with the 
Federal Emergency Management Agency and other appropriate agencies of 
the United States Government.

                             ``ARTICLE XII.

                               ``validity.

    ``This compact shall be construed to effectuate the purposes stated 
in Article I. If any provision of this compact is declared 
unconstitutional, or the applicability thereof to any person or 
circumstances is held invalid, the constitutionality of the remainder of 
this compact and the applicability thereof to other persons and 
circumstances shall not be affected.

                             ``ARTICLE XIII.

                        ``additional provisions.

    ``Nothing in this compact shall authorize or permit the use of 
military force by the National Guard of a state at any place outside 
that state in any emergency for which the President is authorized by law 
to call into federal service the militia, or for any purpose for which 
the use of the Army or the Air Force would in the absence of express 
statutory authorization be prohibited under Sec. 1385 of Title 18 of the 
United States Code.''.

SEC. 2. RIGHT TO ALTER, AMEND, OR REPEAL.

    The right to alter, amend, or repeal this joint resolution is hereby 
expressly reserved. The consent granted by this joint resolution shall--
            (1) not be construed as impairing or in any manner affecting 
        any right or jurisdiction of the United States in and over the 
        subject of the compact;
            (2) not be construed as consent to the National Guard Mutual 
        Assistance Compact;
            (3) be construed as understanding that the first paragraph 
        of Article II of the compact provides that emergencies will 
        require procedures to provide immediate access to existing 
        resources to make a prompt and effective response;
            (4) not be construed as providing authority in Article III 
        A. 7. that does not otherwise exist for the suspension of 
        statutes or ordinances;
            (5) be construed as understanding that Article III C. does 
        not impose any affirmative obligation to exchange information, 
        plans, and resource records on the United States or any party 
        which has not entered into the compact; and
            (6) be construed as understanding that Article XIII does not 
        affect the authority of the President over the National Guard 
        provided by article I of the Constitution and title 10 of the 
        United States Code.

SEC. 3. CONSTRUCTION AND SEVERABILITY.

    It is intended that the provisions of this compact shall be 
reasonably and liberally construed to effectuate the purposes

[[Page 110 STAT. 3883]]

thereof. If any part or application of this compact, or legislation 
enabling the compact, is held invalid, the remainder of the compact or 
its application to other situations or persons shall not be affected.

SEC. 4. INCONSISTENCY OF LANGUAGE.

    The validity of this compact shall not be affected by any 
insubstantial difference in its form or language as adopted by the 
States.

    Approved October 19, 1996.

LEGISLATIVE HISTORY--H.J. Res. 193 (S.J. Res. 61):
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CONGRESSIONAL RECORD, Vol. 142 (1996):
            Sept. 24, considered and passed House.
            Oct. 3, considered and passed Senate.

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