Granting the consent of Congress to the Emergency Management Assistance Compact.
PL 104-321 (H.J.Res.193), enacted 10/19/1996

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 
Oct. 19, 1996 
Compact. 
[H.J. Res. 193] 
Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. CONGRESSIONAL CONSENT. 
State listing. 
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, 2ind West Virginia. 
The compact reads substantially as follows: 
^Emergency Management Assistance Compact 
"ARTICLE L 
"PURPOSE AND AUTHORITIES. 
"This compact is made and entered into by and between the 
pgirticipating 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 actu^ 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. 
110 STAT. 3878 
PUBLIC LAW 104-321—OCT. 19, 1996 
"ARTICLE 11. 
"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 underl3dng 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 canying 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 
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 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 ofJicials 
who have assigned emergency management responsibilities and 
other appropriate representatives of the party states with affected 
jurisdictions and the United States Grovemment, 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. 
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 £iny 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 detsdl 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. 
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 smd the emergency 
management/services directors of the various jurisdictions where 
any t3rpe 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 Effective date, 
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 
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 Grovemment. 
"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 
circumstsinces 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 
PUBLIC LAW 104-321—OCT. 19, 1996 
110 STAT. 3883 
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. 
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.