[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.

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