[Congressional Record Volume 142, Number 133 (Tuesday, September 24, 1996)]
[House]
[Pages H10819-H10822]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  GRANTING CONSENT OF CONGRESS TO THE EMERGENCY MANAGEMENT ASSISTANCE 
                                COMPACT

  Mr. GEKAS. Madam Speaker, I move to suspend the rules and pass the 
joint resolution (H.J. Res. 193) granting the consent of Congress to 
the Emergency Management Assistance Compact.
  The Clerk read as follows:

                             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.

       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.

[[Page H10820]]

       ``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.

[[Page H10821]]

       ``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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania [Mr. Gekas] and the gentleman from Virginia [Mr. Scott] 
each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania [Mr. Gekas].
  Mr. GEKAS. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, this is a unique type of legislation that comes before 
us here today, one that symbolizes the willingness of Americans to help 
other Americans in trouble. We have seen hurricane after hurricane 
pounding the east coast and other areas of the country, and we see the 
phenomenon of people rushing from other areas not hit by the hurricanes 
to render assistance to those who are without homes, whose residences 
are flooded, whose businesses are afloat, whose shorelines have been 
severely damaged. They come from all over the United States and 
volunteer or in other ways render assistance to the Americans, our 
fellow Americans who have been grievously injured or hurt and even 
sometimes at the cost of lives undergo these natural disasters.
  Well, a long time ago the Southern Governors Conference adopted an 
enterprise in which the southern Governors with their respective States 
entered into a compact to render assistance, one to another, when such 
a natural disaster would occur, and this has led us to this day where 
they want to formalize a compact among the several States who are part 
of the Southern Governors Conference and others who were not previously 
members of that organization, to enter into this businesslike 
enterprise in which aid can be called for by one member State and the 
other States can respond when a natural calamity occurs.

  It is one which raises the hopes of everyone that this would lead to 
even greater units of States getting together in such a compact, and 
because the Constitution requires that such a compact between two 
States or more must be approved by the Congress, we are here on the 
floor today.
  The cosponsors of this legislation, the gentleman from South Carolina 
[Mr. Inglis] and the gentleman from Virginia [Mr. Scott], members of 
the subcommittee, played an important role in fashioning the compact 
that is before us.
  Madam Speaker, I reserve the balance of my time.
  Mr. SCOTT. Madam Speaker, I yield myself such time as I may consume, 
and I rise in support of the bill.
  The Emergency Management Assistance Compact sponsored by the Southern 
Governors Association is a commonsense approach to strengthening a 
State's ability to respond and protect its citizens when disaster 
strikes.
  Recently my district suffered severe damage from the winds and floods 
crated by Hurricane Fran. This was not the first and unfortunately will 
not be the last hurricane to hit the Commonwealth of Virginia. The out-
of-State support we received, both public and private, in the recovery 
effort was essential. The people and organizations who immediately 
provided assistance made the personal shot easier to bear and has 
allowed economic recovery to start quicker.
  As Virginians, we, too, recognize the need to support other States 
that suffer natural disasters. Hurricanes Andrew and Hugo, Bob and 
Eloise, all brought Virginia humanitarian aid and volunteers to those 
disaster sites. Good Samaritans from Virginia and many other States, 
either under an organized charity or individually, give assistance to 
those who suffer great loss. State governments also provide assistance 
in the form of public utility and law enforcement personnel, and give 
emergency supplies and equipment.
  This compact, created by the Southern Governors Association and 
modeled on the existing arrangement for the Island of Puerto Rico, 
assures that financial mechanisms are in place to cover State costs. 
That way the public funds collected and dedicated for the expenses 
within one State may in an emergency be used to support residents of 
another State. When that occurs, the Emergency Management Assistance 
Compact specifies how reimbursement will be accomplished.
  This agreement has been 3 years in the making, and it is appropriate 
at this time to thank some of those responsible for bringing this issue 
to Congress. I want to recognize: Mr. Addison E. Slayton, Jr., and 
George Urquhart of the Department of Emergency Services, and the 
Commonwealth of Virginia particularly because Virginia was the first 
State to agree to the compact; David McMillion, director of Maryland 
Emergency Management; Tom Feuerborn, the director of the Oklahoma 
Emergency Management Agency; Eric Tolbert, the bureau chief for 
Preparedness and Response and the Florida Division of Emergency 
Management; and John Carey from FEMA's general counsel who was also 
very much involved.
  I also want to express my thanks to the gentleman from Pennsylvania 
[Mr. Gekas] and to my colleague, the gentleman from Rhode Island [Mr. 
Reed], the ranking member of the subcommittee, who helped us to quickly 
bring this bill to the floor and to the congressional staffs that 
manage this issue. I also wish to thank Mr. Douglas Monroe, the senior 
policy analyst from the Southern Governors Association, for the past 3 
years of constant effort to bring the compact and the congressional 
action to completion.
  As a compact between States, the Constitution requires congressional 
approval of this arrangement, and I am happy to join my friend from 
South Carolina, Mr. Inglis, the sponsor of the bill, in urging this 
body to approve the joint resolution.

[[Page H10822]]

  Madam Speaker, I yield back the balance of my time.
  Mr. GEKAS. Madam Speaker, I yield myself 1 minute just for one 
purpose, to demonstrate the scope of this compact. I simply want to 
repeat the States that are part of the compact:
  Delaware, Florida, Georgia, Louisiana, Maryland, Mississippi, 
Missouri, Oklahoma, South Carolina, South Dakota, Tennessee, Virginia, 
and West Virginia.
  Madam Speaker, I yield such time as he may consume to the gentleman 
from South Carolina [Mr. Inglis], the chief architect of the compact.
  Mr. INGLIS of South Carolina. Madam Speaker, I thank the gentleman 
for yielding me this time, and also I want to thank the gentleman for 
moving this bill so very quickly through the committee. I certainly 
appreciate his help in seeing that that is done in a very expeditious 
way. I also want to thank the gentleman from Virginia [Mr. Scott] for 
his coauthoring this bill. It is something that really we are simply 
giving effect to the very good work of the Governors Association, 
Southern Governors Association particularly, and they have worked very 
hard, folks in South Carolina particularly. Stan McKinney, who is the 
emergency preparedness director in South Carolina, has worked very hard 
on this, and I am very happy that we now in the Congress are giving 
effect to that compact, and to see the cooperation that is happening 
here today is really refreshing and very rewarding.
  So basically, Madam Speaker, this bill accomplishes the approval of 
the compact entered into among the States that the chairman just read. 
The compact essentially handles two very important areas that 
heretofore have been a little bit murky.
  First, it deals with the compensation questions about, for example, 
if South Carolina sends aid to North Carolina after the occurrence of 
Hurricane Fran, the question is about compensation of the South 
Carolina National Guard in North Carolina. That is handled by this 
compact. There is a procedure set up such that South Carolina and North 
Carolina work that out in advance, and they know how the work is going 
to be accomplished, how it is going to be paid for.
  The second thing that the compact does is it deals with the question 
of liability for, following that same example, the National Guard 
troops from South Carolina operating in North Carolina. The question 
heretofore has been, what kind of liability do those troops have in 
North Carolina?
  This compact, well worked out by the Southern Governors Association, 
answers that question by saying that when this South Carolina National 
Guard is in North Carolina at the request of the State of North 
Carolina, they are agents of the State of North Carolina and, 
therefore, enjoy sovereign immunity of the State of North Carolina, and 
it is governed, any actions there will be governed, by the laws of the 
State of North Carolina.
  All of that accomplishes a great deal because it means that States 
will now be much more able to send assistance and to know in advance 
what kind of situation they will find there.

  So I think that the Congress is doing a good thing, the House is 
doing a good thing this day, I hope, in passing this bill in a very 
expeditious manner, and then hopefully the other body will follow suit 
very quickly.
  The reason that it is important to do this relatively quickly is as, 
we all know, those of us from coastal States particularly, we are in 
the midst of hurricane season. We have seen several hurricanes come up 
the east coast already this year. We hope that no others make their way 
that way for the rest of the season, but if they do, we will be in a 
position to help one another and to respond to those emergencies that 
exist.
  Mr. GEKAS. Madam Speaker, will the gentleman yield?
  Mr. INGLIS of South Carolina. I yield to the gentleman from 
Pennsylvania.
  Mr. GEKAS. Madam Speaker, the gentleman may recall that we delved 
into, during the course of the hearing that we held on this matter, the 
question of liability insofar as it touched upon volunteers that go 
from State to State, and I recounted then, and I do now, several 
instances where my fellow Pennsylvanians went to the aid of the coastal 
States on many different occasions and were recipients of similar aid. 
We know that liability here, as he has described it, as the gentleman 
from South Carolina has described it, has to do with the league of 
entities, but what about the volunteers? What does the gentleman see? I 
would like the Record to reflect for future proposals or agreements 
that might be reached on volunteers.
  Mr. INGLIS of South Carolina. Madam Speaker, I thank the gentleman 
for that question. As he knows, during our hearing we discussed the 
possibility that the States might want to entertain further action 
under good samaritan laws, such that they could entertain that question 
or answer that question. It would make a whole lot of sense because, 
for example, after the aftermath of Hurricane Hugo our State received 
tremendous assistance from a number of other States, I am sure, 
including the great State of Pennsylvania, and that is a very 
significant part of our American experience, is helping people in our 
places.
  So I would say to the gentleman that the work that should go forth 
there, to answer his question there, has to do with the State 
legislatures dealing with their good samaritan laws to handle the 
situation where a volunteer comes into the State of Pennsylvania, for 
example, from South Carolina to offer assistance, be governed by the 
good samaritan laws of the State of Pennsylvania. This, of course, is 
different, in that here in the situation we are describing here, the 
State of North Carolina may be requesting the State of South Carolina 
to send its organized National Guard troops to North Carolina, and that 
is what this compact is.
  But I agree with the gentleman that it would be very helpful to have 
very clear good samaritan laws that deal with a volunteer not under 
direction of the Governor of the State going to another State to offer 
assistance.
  Mr. GEKAS. Madam Speaker, it strikes me that perhaps the gentleman 
from South Carolina, the gentleman from Virginia, and I, in the next 
session, if the electorate so chooses to return us to this Chamber, 
might want to seek out the same southern Governors' experience to 
determine perhaps where uniform set of laws among the several States on 
the good samaritan laws.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore (Mr. Gunderson). The question is on the 
motion offered by the gentleman from Pennsylvania [Mr. Gekas] that the 
House suspend the rules and pass the joint resolution, House Joint 
Resolution 193.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the joint resolution was passed.
  A motion to reconsider was laid on the table.

                          ____________________