H. J. Res. 193
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
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 subdivi-
sions 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.
H. J. Res. 193—2
‘‘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 recog-
nizes 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 formulat-
ing 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 emer-
gencies the party states might jointly suffer, whether due to
natural disaster, technological hazard, man-made disaster,
emergency aspects of resources shortages, civil disorders, insur-
gency, 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
H. J. Res. 193—3
‘‘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 rep-
resentative of that state. The provisions of this compact shall only
apply to requests for assistance made by and to authorized rep-
resentatives. 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 assist-
ance. 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 commence-
ment 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.
H. J. Res. 193—4
‘‘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 agree-
ments with another state or affect any other agreements already
in force between states. Supplementary agreements may com-
prehend, 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.
H. J. Res. 193—5
‘‘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 enact-
ing 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
H. J. Res. 193—6
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 prohib-
ited 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 resolu-
tion shall—
(1) not be construed as impairing or in any manner affect-
ing 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
H. J. Res. 193—7
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.