[104th Congress Public Law 321]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ321.104]
[[Page 110 STAT. 3877]]
Public Law 104-321
104th Congress
Joint Resolution
Granting the consent of Congress to the Emergency Management Assistance
Compact. <<NOTE: Oct. 19, 1996 - [H.J. Res. 193]>>
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. <<NOTE: State listing.>> 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 subdivisions 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.
[[Page 110 STAT. 3878]]
``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 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 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
formulating 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
emergencies the party states might jointly suffer, whether due
to natural disaster, technological hazard, man-made disaster,
emergency aspects of resources shortages, civil disorders,
insurgency, 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
[[Page 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
representative of that state. The provisions of this compact shall only
apply to requests for assistance made by and to authorized
representatives. 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 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 progress, the state of emergency or disaster
remains in effect, or loaned resources remain in the receiving state,
whichever is longer.
[[Page 110 STAT. 3880]]
``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 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, 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.
[[Page 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 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. <<NOTE: Effective date.>> 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
[[Page 110 STAT. 3882]]
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 prohibited under Sec. 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 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 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
[[Page 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.
<all>