PUBLIC LAW 104–321—OCT. 19, 1996 110 STAT. 3877

Public Law 104–321

104th Congress

Joint Resolution

Granting the consent of Congress to the Emergency Management Assistance

Compact.

Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled,

SECTION 1. 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.

State listing.

Oct. 19, 1996

[H.J. Res. 193]
110 STAT. 3878 PUBLIC LAW 104–321—OCT. 19, 1996

‘‘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
PUBLIC LAW 104–321—OCT. 19, 1996 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.
110 STAT. 3880 PUBLIC LAW 104–321—OCT. 19, 1996

‘‘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.
PUBLIC LAW 104–321—OCT. 19, 1996 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. 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

Effective date.
110 STAT. 3882 PUBLIC LAW 104–321—OCT. 19, 1996

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 § 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
PUBLIC LAW 104–321—OCT. 19, 1996 110 STAT. 3883

LEGISLATIVE HISTORY—H.J. Res. 193 (S.J. Res. 61):

CONGRESSIONAL RECORD, Vol. 142 (1996):

Sept. 24, considered and passed House.

Oct. 3, considered and passed Senate.

Æ

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.