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or supplies in connection therewith. Good faith in this arti-
cle shall not include willful misconduct, gross negligence,
or recklessness.
‘‘ARTICLE VII.
‘‘SUPPLEMENTARY AGREEMENTS.
‘‘Inasmuch as it is probable that the pattern and de-
tail 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 pre-
clude 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, recon-
naissance, 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
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to this compact, in the same manner and on the same
terms as if the injury or death were sustained within their
own state.
‘‘ARTICLE IX.
‘‘REIMBURSEMENT.
‘‘Any party state rendering aid in another state pur-
suant to this compact shall be reimbursed by the party
state receiving such aid for any loss or damage to or ex-
pense 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 alloca-
tion 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 re-
ception 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
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the party states and the emergency management/services
directors of the various jurisdictions where any type of in-
cident requiring evacuations might occur. Such plans shall
be put into effect by request of the state from which evacu-
ees 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, hous-
ing, 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 in-
curred in receiving and caring for such evacuees, for ex-
penditures 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.
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‘‘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 the withdrawing
state from obligations assumed hereunder prior to the ef-
fective 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 Man-
agement 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 com-
pact is declared unconstitutional, or the applicability
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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 serv-
ice 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 resolu-
tion 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 com-
pact;
(2) not be construed as consent to the National
Guard Mutual Assistance Compact;
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(3) be construed as understanding that the first
paragraph of Article II of the compact provides that
emergencies will require procedures to provide imme-
diate 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 en-
tered 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 thereof. If any part or application of this com-
pact, 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.
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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.
Passed the House of Representatives September 24,
1996.
Attest:
ROBIN H. CARLE,
Clerk.