104TH CONGRESS

2D SESSION H. J. RES. 193

JOINT RESOLUTION

Granting the consent of Congress to the Emergency

Management Assistance Compact.
104TH CONGRESS

2D SESSION H. J. RES. 193

JOINT RESOLUTION

Granting the consent of Congress to the Emergency

Management Assistance Compact.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 SECTION 1. CONGRESSIONAL CONSENT.

4 The Congress consents to the Emergency Manage5 ment Assistance Compact entered into by Delaware, Flor-
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1 ida, Georgia, Louisiana, Maryland, Mississippi, Missouri,

2 Oklahoma, South Carolina, South Dakota, Tennessee, Vir3 ginia, and West Virginia. The compact reads substantially

4 as follows:

5 ‘‘Emergency Management Assistance

6 Compact

7 ‘‘ARTICLE I.

8 ‘‘PURPOSE AND AUTHORITIES.

9 ‘‘This compact is made and entered into by and be10 tween the participating member states which enact this

11 compact, hereinafter called party states. For the purposes

12 of this compact, the term ‘states’ is taken to mean the

13 several states, the Commonwealth of Puerto Rico, the Dis14 trict of Columbia, and all U.S. territorial possessions.

15 ‘‘The purpose of this compact is to provide for mutual

16 assistance between the states entering into this compact

17 in managing any emergency disaster that is duly declared

18 by the Governor of the affected state, whether arising from

19 natural disaster, technological hazard, man-made disaster,

20 civil emergency aspects of resources shortages, community

21 disorders, insurgency, or enemy attack.

22 ‘‘This compact shall also provide for mutual coopera23 tion in emergency-related exercises, testing, or other train24 ing activities using equipment and personnel simulating

25 performance of any aspect of the giving and receiving of
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1 aid by party states or subdivisions of party states during

2 emergencies, such actions occurring outside actual de3 clared emergency periods. Mutual assistance in this com4 pact may include the use of the states’ National Guard

5 forces, either in accordance with the National Guard Mu6 tual Assistance Compact or by mutual agreement between

7 states.

8 ‘‘ARTICLE II.

9 ‘‘GENERAL IMPLEMENTATION.

10 ‘‘Each party state entering into this compact recog11 nizes that many emergencies transcend political jurisdic12 tional boundaries and that intergovernmental coordination

13 is essential in managing these and other emergencies

14 under this compact. Each state further recognizes that

15 there will be emergencies which require immediate access

16 and present procedures to apply outside resources to make

17 a prompt and effective response to such an emergency.

18 This is because few, if any, individual states have all the

19 resources they may need in all types of emergencies or

20 the capability of delivering resources to areas where emer21 gencies exist.

22 ‘‘The prompt, full, and effective utilization of re23 sources of the participating states, including any resources

24 on hand or available from the federal government or any

25 other source, that are essential to the safety, care, and
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1 welfare of the people in the event of any emergency or

2 disaster declared by a party state, shall be the underlying

3 principle on which all articles of this compact shall be un4 derstood.

5 ‘‘On behalf of the Governor of each state participat6 ing in the compact, the legally designated state official

7 who is assigned responsibility for emergency management

8 will be responsible for formulation of the appropriate

9 interstate mutual aid plans and procedures necessary to

10 implement this compact.

11 ‘‘ARTICLE III.

12 ‘‘PARTY STATE RESPONSIBILITIES.

13 ‘‘A. It shall be the responsibility of each party state

14 to formulate procedural plans and programs for interstate

15 cooperation in the performance of the responsibilities list16 ed in this article. In formulating such plans, and in carry17 ing them out, the party states, insofar as practical, shall:

18 ‘‘1. Review individual state hazards analyses

19 and, to the extent reasonably possible, determine all

20 those potential emergencies the party states might

21 jointly suffer, whether due to natural disaster, tech22 nological hazard, man-made disaster, emergency as23 pects of resources shortages, civil disorders, insur24 gency, or enemy attack;
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1 ‘‘2. Review party states’ individual emergency

2 plans and develop a plan which will determine the

3 mechanism for the interstate management and pro4 vision of assistance concerning any potential emer5 gency;

6 ‘‘3. Develop interstate procedures to fill any

7 identified gaps and to resolve any identified incon8 sistencies or overlaps in existing or developed plans;

9 ‘‘4. Assist in warning communities adjacent to

10 or crossing the state boundaries;

11 ‘‘5. Protect and assure uninterrupted delivery

12 of services, medicines, water, food, energy and fuel,

13 search and rescue, and critical lifeline equipment,

14 services, and resources, both human and material;

15 ‘‘6. Inventory and set procedures for the inter16 state loan and delivery of human and material re17 sources, together with procedures for reimbursement

18 or forgiveness; and

19 ‘‘7. Provide, to the extent authorized by law, for

20 temporary suspension of any statutes or ordinances

21 that restrict the implementation of the above respon22 sibilities.

23 ‘‘B. The authorized representative of a party state

24 may request assistance to another party state by contact25 ing the authorized representative of that state. The provi-
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1 sions of this compact shall only apply to requests for as2 sistance made by and to authorized representatives. Re3 quests may be verbal or in writing. If verbal, the request

4 shall be confirmed in writing within thirty days of the

5 verbal request. Requests shall provide the following infor6 mation:

7 ‘‘1. A description of the emergency service func8 tion for which assistance is needed, including, but

9 not limited to, fire services, law enforcement, emer10 gency medical, transportation, communications, pub11 lic works and engineering, building, inspection, plan12 ning and information assistance, mass care, resource

13 support, health and medical services, and search and

14 rescue;

15 ‘‘2. The amount and type of personnel, equip16 ment, materials and supplies needed, and a reason17 able estimate of the length of time they will be need18 ed; and

19 ‘‘3. The specific place and time for staging of

20 the assisting party’s response and a point of contact

21 at that location.

22 ‘‘C. There shall be frequent consultation between

23 state officials who have assigned emergency management

24 responsibilities and other appropriate representatives of

25 the party states with affected jurisdictions and the United
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1 States Government, with free exchange of information,

2 plans, and resource records relating to emergency capabili3 ties.

4 ‘‘ARTICLE IV.

5 ‘‘LIMITATIONS.

6 ‘‘Any party state requested to render mutual aid or

7 conduct exercises and training for mutual aid shall take

8 such action as is necessary to provide and make available

9 the resources covered by this compact in accordance with

10 the terms hereof; provided that it is understood that the

11 state rendering aid may withhold resources to the extent

12 necessary to provide reasonable protection for such state.

13 ‘‘Each party state shall afford to the emergency

14 forces of any party state, while operating within its state

15 limits under the terms and conditions of this compact, the

16 same powers, except that of arrest unless specifically au17 thorized by the receiving state, duties, rights, and privi18 leges as are afforded forces of the state in which they are

19 performing emergency services. Emergency forces will con20 tinue under the command and control of their regular

21 leaders, but the organizational units will come under the

22 operational control of the emergency services authorities

23 of the state receiving assistance. These conditions may be

24 activated, as needed, only subsequent to a declaration of

25 a state emergency or disaster by the governor of the party
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1 state that is to receive assistance or upon commencement

2 of exercises or training for mutual aid and shall continue

3 so long as the exercises or training for mutual aid are in

4 progress, the state of emergency or disaster remains in

5 effect, or loaned resources remain in the receiving state,

6 whichever is longer.

7 ‘‘ARTICLE V.

8 ‘‘LICENSES AND PERMITS.

9 ‘‘Whenever any person holds a license, certificate, or

10 other permit issued by any state party to the compact evi11 dencing the meeting of qualifications for professional, me12 chanical, or other skills, and when such assistance is re13 quested by the receiving party state, such person shall be

14 deemed licensed, certified, or permitted by the state re15 questing assistance to render aid involving such skill to

16 meet a declared emergency or disaster, subject to such

17 limitations and conditions as the Governor of the request18 ing state may prescribe by executive order or otherwise.

19 ‘‘ARTICLE VI.

20 ‘‘LIABILITY.

21 ‘‘Officers or employees of a party state rendering aid

22 in another state pursuant to this compact shall be consid23 ered agents of the requesting state for tort liability and

24 immunity purposes. No party state or its officers or em25 ployees rendering aid in another state pursuant to this
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1 compact shall be liable on account of any act or omission

2 in good faith on the part of such forces while so engaged

3 or on account of the maintenance or use of any equipment

4 or supplies in connection therewith. Good faith in this arti5 cle shall not include willful misconduct, gross negligence,

6 or recklessness.

7 ‘‘ARTICLE VII.

8 ‘‘SUPPLEMENTARY AGREEMENTS.

9 ‘‘Inasmuch as it is probable that the pattern and de10 tail of the machinery for mutual aid among two or more

11 states may differ from that among the states that are

12 party hereto, this compact contains elements of a broad

13 base common to all states, and nothing herein shall pre14 clude any state entering into supplementary agreements

15 with another state or affect any other agreements already

16 in force between states. Supplementary agreements may

17 comprehend, but shall not be limited to, provisions for

18 evacuation and reception of injured and other persons and

19 the exchange of medical, fire, police, public utility, recon20 naissance, welfare, transportation and communications

21 personnel, and equipment and supplies.

22 ‘‘ARTICLE VIII.

23 ‘‘COMPENSATION.

24 ‘‘Each party state shall provide for the payment of

25 compensation and death benefits to injured members of
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1 the emergency forces of that state and representatives of

2 deceased members of such forces in case such members

3 sustain injuries or are killed while rendering aid pursuant

4 to this compact, in the same manner and on the same

5 terms as if the injury or death were sustained within their

6 own state.

7 ‘‘ARTICLE IX.

8 ‘‘REIMBURSEMENT.

9 ‘‘Any party state rendering aid in another state pur10 suant to this compact shall be reimbursed by the party

11 state receiving such aid for any loss or damage to or ex12 pense incurred in the operation of any equipment and the

13 provision of any service in answering a request for aid and

14 for the costs incurred in connection with such requests;

15 provided, that any aiding party state may assume in whole

16 or in part such loss, damage, expense, or other cost, or

17 may loan such equipment or donate such services to the

18 receiving party state without charge or cost; and provided

19 further, that any two or more party states may enter into

20 supplementary agreements establishing a different alloca21 tion of costs among those states. Article VIII expenses

22 shall not be reimbursable under this article.
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1 ‘‘ARTICLE X.

2 ‘‘EVACUATION.

3 ‘‘Plans for the orderly evacuation and interstate re4 ception of portions of the civilian population as the result

5 of any emergency or disaster of sufficient proportions to

6 so warrant, shall be worked out and maintained between

7 the party states and the emergency management/services

8 directors of the various jurisdictions where any type of in9 cident requiring evacuations might occur. Such plans shall

10 be put into effect by request of the state from which evacu11 ees come and shall include the manner of transporting

12 such evacuees, the number of evacuees to be received in

13 different areas, the manner in which food, clothing, hous14 ing, and medical care will be provided, the registration of

15 the evacuees, the providing of facilities for the notification

16 of relatives or friends, and the forwarding of such evacuees

17 to other areas or the bringing in of additional materials,

18 supplies, and all other relevant factors. Such plans shall

19 provide that the party state receiving evacuees and the

20 party state from which the evacuees come shall mutually

21 agree as to reimbursement of out-of-pocket expenses in22 curred in receiving and caring for such evacuees, for ex23 penditures for transportation, food, clothing, medicines,

24 and medical care, and like items. Such expenditures shall

25 be reimbursed as agreed by the party state from which
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1 the evacuees come. After the termination of the emergency

2 or disaster, the party state from which the evacuees come

3 shall assume the responsibility for the ultimate support

4 of repatriation of such evacuees.

5 ‘‘ARTICLE XI.

6 ‘‘IMPLEMENTATION.

7 ‘‘A. This compact shall become effective immediately

8 upon its enactment into law by any two states. Thereafter,

9 this compact shall become effective as to any other state

10 upon enactment by such state.

11 ‘‘B. Any party state may withdraw from this compact

12 by enacting a statute repealing the same, but no such

13 withdrawal shall take effect until thirty days after the

14 Governor of the withdrawing state has given notice in

15 writing of such withdrawal to the Governors of all other

16 party states. Such action shall not relieve the withdrawing

17 state from obligations assumed hereunder prior to the ef18 fective date of withdrawal.

19 ‘‘C. Duly authenticated copies of this compact and

20 of such supplementary agreements as may be entered into

21 shall, at the time of their approval, be deposited with each

22 of the party states and with the Federal Emergency Man23 agement Agency and other appropriate agencies of the

24 United States Government.
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1 ‘‘ARTICLE XII.

2 ‘‘VALIDITY.

3 ‘‘This compact shall be construed to effectuate the

4 purposes stated in Article I. If any provision of this com5 pact is declared unconstitutional, or the applicability

6 thereof to any person or circumstances is held invalid, the

7 constitutionality of the remainder of this compact and the

8 applicability thereof to other persons and circumstances

9 shall not be affected.

10 ‘‘ARTICLE XIII.

11 ‘‘ADDITIONAL PROVISIONS.

12 ‘‘Nothing in this compact shall authorize or permit

13 the use of military force by the National Guard of a state

14 at any place outside that state in any emergency for which

15 the President is authorized by law to call into federal serv16 ice the militia, or for any purpose for which the use of

17 the Army or the Air Force would in the absence of express

18 statutory authorization be prohibited under § 1385 of

19 Title 18 of the United States Code.’’.

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

21 The right to alter, amend, or repeal this joint resolu22 tion is hereby expressly reserved. The consent granted by

23 this joint resolution shall—

24 (1) not be construed as impairing or in any

25 manner affecting any right or jurisdiction of the
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1 United States in and over the subject of the com2 pact;

3 (2) not be construed as consent to the National

4 Guard Mutual Assistance Compact;

5 (3) be construed as understanding that the first

6 paragraph of Article II of the compact provides that

7 emergencies will require procedures to provide imme8 diate access to existing resources to make a prompt

9 and effective response;

10 (4) not be construed as providing authority in

11 Article III A.7. that does not otherwise exist for the

12 suspension of statutes or ordinances;

13 (5) be construed as understanding that Article

14 III C. does not impose any affirmative obligation to

15 exchange information, plans, and resource records

16 on the United States or any party which has not en17 tered into the compact; and

18 (6) be construed as understanding that Article

19 XIII does not affect the authority of the President

20 over the National Guard provided by article I of the

21 Constitution and title 10 of the United States Code.

22 SEC. 3. CONSTRUCTION AND SEVERABILITY.

23 It is intended that the provisions of this compact shall

24 be reasonably and liberally construed to effectuate the

25 purposes thereof. If any part or application of this com-
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1 pact, or legislation enabling the compact, is held invalid,

2 the remainder of the compact or its application to other

3 situations or persons shall not be affected.

4 SEC. 4. INCONSISTENCY OF LANGUAGE.

5 The validity of this compact shall not be affected by

6 any insubstantial difference in its form or language as

7 adopted by the States.

Passed the House of Representatives September 24,

1996.

Attest:

Clerk.