IA
104TH CONGRESS
2D SESSION
H. J. RES. 193
Granting the consent of Congress to the Emergency Management Assistance
Compact.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 17, 1996
Mr. INGLIS of South Carolina (for himself and Mr. SCOTT) introduced the fol-
lowing joint resolution; which was referred to the Committee on the Judi-
ciary
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 Manage-
ment Assistance Compact entered into by Delaware, Flor-
ida, Georgia, Louisiana, Maryland, Mississippi, Missouri,
Oklahoma, South Carolina, South Dakota, Tennessee, Vir-
ginia, and West Virginia. The compact reads substantially
as follows:
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‘‘Emergency Management Assistance
Compact
‘‘ARTICLE I.
‘‘PURPOSE AND AUTHORITIES.
‘‘This compact is made and entered into by and be-
tween 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 Dis-
trict 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 coopera-
tion in emergency-related exercises, testing, or other train-
ing 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 de-
clared emergency periods. Mutual assistance in this com-
pact may include the use of the states’ National Guard
•HJ 193 IH
forces, either in accordance with the National Guard Mu-
tual Assistance Compact or by mutual agreement between
states.
‘‘ARTICLE II.
‘‘GENERAL IMPLEMENTATION.
‘‘Each party state entering into this compact recog-
nizes that many emergencies transcend political jurisdic-
tional 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 emer-
gencies exist.
‘‘The prompt, full, and effective utilization of re-
sources 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 un-
derstood.
•HJ 193 IH
‘‘On behalf of the Governor of each state participat-
ing 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 list-
ed in this article. In formulating such plans, and in carry-
ing 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, tech-
nological hazard, man-made disaster, emergency as-
pects 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 pro-
vision of assistance concerning any potential emer-
gency;
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‘‘3. Develop interstate procedures to fill any
identified gaps and to resolve any identified incon-
sistencies 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 inter-
state loan and delivery of human and material re-
sources, together with procedures for reimbursement
or forgiveness; and
‘‘7. Provide, to the extent authorized by law, for
temporary suspension of any statutes or ordinances
that restrict the implementation of the above respon-
sibilities.
‘‘B. The authorized representative of a party state
may request assistance to another party state by contact-
ing the authorized representative of that state. The provi-
sions of this compact shall only apply to requests for as-
sistance made by and to authorized representatives. Re-
quests may be verbal or in writing. If verbal, the request
shall be confirmed in writing within thirty days of the
•HJ 193 IH
verbal request. Requests shall provide the following infor-
mation:
‘‘1. A description of the emergency service func-
tion for which assistance is needed, including, but
not limited to, fire services, law enforcement, emer-
gency medical, transportation, communications, pub-
lic works and engineering, building, inspection, plan-
ning and information assistance, mass care, resource
support, health and medical services, and search and
rescue;
‘‘2. The amount and type of personnel, equip-
ment, materials and supplies needed, and a reason-
able estimate of the length of time they will be need-
ed; 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 capabili-
ties.
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‘‘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 au-
thorized by the receiving state, duties, rights, and privi-
leges as are afforded forces of the state in which they are
performing emergency services. Emergency forces will con-
tinue 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
•HJ 193 IH
progress, the state of emergency or disaster remains in
effect, or loaned resources remain in the receiving state,
whichever is longer.
‘‘ARTICLE V.
‘‘LICENSES AND PERMITS.
‘‘Whenever any person holds a license, certificate, or
other permit issued by any state party to the compact evi-
dencing the meeting of qualifications for professional, me-
chanical, or other skills, and when such assistance is re-
quested by the receiving party state, such person shall be
deemed licensed, certified, or permitted by the state re-
questing 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 request-
ing 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 consid-
ered agents of the requesting state for tort liability and
immunity purposes. No party state or its officers or em-
ployees 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
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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.
Æ