[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 61 Placed on Calendar Senate (PCS)]





                                                       Calendar No. 621

104th CONGRESS

  2d Session

                             S. J. RES. 61

_______________________________________________________________________

                            JOINT RESOLUTION

Granting the consent of Congress to the Emergency Management Assistance 
                                Compact.

_______________________________________________________________________

                           September 19, 1996

            Read the second time and placed on the calendar





                                                       Calendar No. 621
104th CONGRESS
  2d Session
S. J. RES. 61

Granting the consent of Congress to the Emergency Management Assistance 
                                Compact.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 18, 1996

  Mr. Thurmond (for himself and Mr. Heflin) introduced the following 
            joint resolution; which was read the first time

                           September 19, 1996

            Read the second time and placed on the calendar

_______________________________________________________________________

                            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 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.

                             ``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
            ``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.

                              ``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.

                             ``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 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 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 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.