United States. Congress. House. Committee on the J.

Legislation concerning compacts : hearing before the Subcommittee on Commercial and Administrative Law of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, second session, on H.J. Res. 189, H.J. Res. 193, and H.J. Res. 194, September 18, 1996 online

. (page 1 of 14)
Online LibraryUnited States. Congress. House. Committee on the JLegislation concerning compacts : hearing before the Subcommittee on Commercial and Administrative Law of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, second session, on H.J. Res. 189, H.J. Res. 193, and H.J. Res. 194, September 18, 1996 → online text (page 1 of 14)
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LEGISLATION CONCERNING COMPACTS



Y 4. J 89/1:104/8?



Legislation Concerning Conpacts, Se

n^ARING

(BEFORE THE
SUBCOMMITTEE ON
COMMERCIAL AND ADMINISTRATIVE LAW

OF THE

COMMITTEE ON THE JUDICIAKY
HOUSE OF REPRESENTATIVES

ONE HUNDRED FOURTH CONGRESS

SECOND SESSION

ON

H.J. Res. 189, H.J. Res. 193, and H.J. Res. 194



SEPTEMBER 18, 1996



Serial No. 89







Printed for the use of the Committee on the Judiciary



U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1996



For sale by the U.S. Government Printing Office
Superintendent of Documents, Congressional Sales Office, Washington, DC 20402
ISBN 0-16-053765-7



LEGISLATION CONCERNING COMPACTS



Y 4. J 89/1:104/8?



Legislation Concerning Conpacts, Se

niSAKING

(BEFORE THE
SUBCOMMITTEE ON
COMMERCIAL AND ADMINISTRATIVE LAW

OF THE

COMMITTEE ON THE JUDICIAKY
HOUSE OF REPRESENTATIVES

ONE HUNDRED FOURTH CONGRESS

SECOND SESSION

ON

H.J. Res. 189, H.J. Res. 193, and H.J. Res. 194



SEPTEMBER 18, 1996



Serial No. 89












ffl




Printed for th
U.S.


i use of the Committee


on the
OFFICE


Judiciary




GOVERNMENT PRINTING




35-364 CC




WASHINGTON : 1996







For sale by the U.S. Government Printing Office
Superintendent of Documents, Congressional Sales Office, Washington, DC 20402
ISBN 0-16-053765-7



COMMITTEE ON THE JUDICIARY
HENRY J. HYDE, Illinois, Chairman



CARLOS J. MOORHEAD, California
F. JAMES SENSENBRENNER, JR.,

Wisconsin
BILL McCOLLUM, Florida
GEORGE W. GEKAS, Pennsylvania
HOWARD COBLE, North Carolina
LAMAR SMITH, Texas
STEVEN SCHIFF, New Mexico
ELTON GALLEGLY, California
CHARLES T. CANADY, Florida
BOB INGLIS, South Carolina
BOB GOODLATTE, Virginia
STEPHEN E. BUYER, Indiana
MARTIN R. HOKE, Ohio
SONNY BONO, California
FRED HEINEMAN, North Carolina
ED BRYANT, Tennessee
STEVE CHABOT, Ohio
MICHAEL PATRICK FLANAGAN, Illinois
BOB BARR, Georgia



JOHN CONYERS, JR., Michigan
PATRICIA SCHROEDER, Colorado
BARNEY FRANK, Massachusetts
CHARLES E. SCHUMER, New York
HOWARD L. BERMAN, California
RICK BOUCHER, Virginia
JOHN BRYANT, Texas
JACK REED, Rhode Island
JERROLD NADLER, New York
ROBERT C. SCOTT, Virginia
MELVIN L. WATT, North Carolina
XAVIER BECERRA, California
ZOE LOFGREN, California
SHEILA JACKSON LEE, Texas
MAXINE WATERS, California



ALAN F. COFFEY, Jr., General Counsel /Staff Director
JULIAN EPSTEIN, Minority Staff Director



Subcommittee on Commercial and Administrative Law

GEORGE W. GEKAS, Pennsylvania, Chairman



HENRY J. HYDE, Illinois

BOB INGLIS, South Carolina

STEVE CHABOT, Ohio

MICHAEL PATRICK FLANAGAN, Illinois

BOB BARR, Georgia



JACK REED, Rhode Island
JERROLD NADLER, New York
ROBERT C. SCOTT, Virginia
ZOE LOFGREN, California



RAYMOND V. Smietanka, Chief Counsel
Charles E. Kern II, Counsel
Roger T. Fleming, Counsel

AGNIESZKA FRYSZMAN, Minority Counsel



(II)



CONTENTS



HEARING DATE



Page

June 26, 1996 1

TEXTS OF BILLS

H.J. Res. 189 65

H.J. Res. 193 2

H.J. Res. 194 17

OPENING STATEMENT

Gekas, Hon. George W., a Representative in Congress from the State of
Pennsylvania, and chairman, Subcommittee on Commercial and Adminis-
trative Law 1

WITNESSES

Carey, John P., General Counsel, Federal Emergency Management Agency .... 31

Davis, Hon. Thomas M., a Representative in Congress from the State of
Virginia 58

Feuerborn, Tom, director, Oklahoma Department of Civil Emergency Manage-
ment 37

Fraser, Leo W., Jr., New Hampshire State Senator 103

Lange, Robert G., director of insurance, State of Nebraska, and Chairman,
Interstate Insurance Receivership Compact Commission 106

McMillion, David, director, State of Maryland Emergency Management Agen-
cy 33

Polk, Robert, general counsel, Washington Metropolitan Area Transit Author-
ity 61

Tolbert, Eric L., chief, State of Florida Department of Community Affairs,
Division of Emergency Management, Bureau of Preparedness and Re-
sponse 49

LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING

Carey, John P., General Counsel, Federal Emergency Management Agency:

Prepared statement 32

Davis, Hon. Thomas M., a Representative in Congress from the State of
Virginia: Prepared statement 60

Feuerborn, Tom, director, Oklahoma Department of Civil Emergency Manage-
ment: Prepared statement 38

Fraser, Leo W., Jr., New Hampshire State Senator: Prepared statement 104

Inglis, Hon. Bob, a Representative in Congress from the State of South

Carolina: Prepared statement 29

Lange, Robert G., director of insurance, State of Nebraska, and Chairman,
Interstate Insurance Receivership Compact Commission: Prepared state-
ment 107

McMillion, David, director, State of Maryland Emergency Management Agen-
cy: Prepared statement 35

Polk, Robert, general counsel, Washington Metropolitan Area Transit Author-
ity: Prepared statement 62

Tolbert, Eric L., chief, State of Florida Department of Community Affairs,
Division of Emergency Management, Bureau of Preparedness and Re-
sponse: Prepared statement 50

(III)



IV

Page

APPENDIX
Material submitted for the hearing 113



LEGISLATION CONCERNING COMPACTS



WEDNESDAY, SEPTEMBER 18, 1996

House of Representatives,
Subcommittee on Commercial and

Administrative Law,
Committee on the Judiciary,

Washington, DC.
The subcommittee met, pursuant to notice, at 9:30 a.m., in room
2141, Rayburn House Office Building, Hon. George W Gekas
(chairman of the subcommittee) presiding.

Present: Representatives George W. Gekas, Bob Inglis, Steve
Chabot, Michael Patrick Flanagan, Bob Barr, Jack Reed, Robert C.
Scott, and Zoe Lofgren.

Also present: Raymond J. Smietanka, chief counsel; Charles E.
Kern II, counsel; Rebecca Ward, secretary; and Agnieszka
Fryszman, minority counsel.

OPENING STATEMENT OF CHAIRMAN GEKAS

Mr. Gekas. This meeting will come to order. We will begin this
hearing seeing that Mr. Flanagan is here. If you would take your
seat, or stand next to me.

Mr. Flanagan. No, I choose to take my seat.

Mr. Gekas. We will begin with the first item on the agenda
which is H.J. Res. 193. H.J. Res. 193 grant the consent of Congress
to the Emergency Management Assistance Compact. It is very
timely and appropriate following the ravages of the most recent
hurricanes, to contemplate in advance a joint response that has al-
ready come into play even without the compact, but which now
would formalize it and make it a part of State government in the
States that have agreed to this compact. We believe it is an appro-
priate manner in which the several States can join forces to battle
nature, if nothing else.

The actual purpose of the compact speaks for itself. On page 2,
starting with line 11, it says: "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."

[The bills, H.J. Res. 193 and H.J. Res. 194, follow:]

(l)



104th CONGRESS
2d Session



H. J. RES. 193



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



IN THE HOUSE OF REPRESENTATIVES

September 17, 1996
Mr. INGLIS of South Carolina (for himself and Mr. Scott) introduced the fol-
lowing joint resolution; which was referred to the Committee on the Judi-
ciary



JOINT RESOLUTION

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

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 SECTION 1. CONGRESSIONAL CONSENT.

4 The Congress consents to the Emergency Manage-

5 meiit Assistance Compact entered into by Delaware, Flor-

6 ida, Georgia, Louisiana, Maryland, Mississippi, Missouri,

7 Oklahoma, South Carolina, South Dakota. Tennessee, Yir-

8 ginia, and West Virginia. The compact reads substantially

9 as follows:



1 "Emergency Management Assistance

2 Compact

3 "ARTICLE I.

4 "PURPOSE AND AUTHORITIES.

5 "This compact is made and entered into by and be-

6 tween the participating member states which enact this

7 compact, hereinafter called party states. For the purposes

8 of this compact, the term 'states' is taken to mean the

9 several states, the Commonwealth of Puerto Rico, the Dis-

10 trict of Columbia, and all U.S. territorial possessions.

1 1 "The purpose of this compact is to provide for mutual

12 assistance between the states entering into this compact

13 in managing any emergency disaster that is duly declared

14 by the Governor of the affected state, whether arising from

15 natural disaster, technological hazard, man-made disaster,

16 civil emergency aspects of resources shortages, community

17 disorders, insurgency, or enemy attack.

18 "This compact shall also provide for mutual coopera-

19 tion in emergency-related exercises, testing, or other train-

20 ing activities using equipment and personnel simulating

21 performance of any aspect of the giving and receiving of

22 aid by party states or subdivisions of party states during

23 emergencies, such actions occurring outside actual de-

24 clared emergency periods. Mutual assistance in this com-

25 pact may include the use of the states' National Guard



1 forces, either in accordance with the National Guard Mu-

2 tual Assistance Compact or by mutual agreement between

3 states.

4 "ARTICLE II.

5 "GENERAL IMPLEMENTATION.

6 "Each party state entering into this compact recog-

7 nizes that many emergencies transcend political jurisdic-

8 tional boundaries and that intergovernmental coordination

9 is essential in managing these and other emergencies

10 under this compact. Each state further recognizes that

1 1 there will be emergencies which require immediate access

12 and present procedures to apply outside resources to make

13 a prompt and effective response to such an emergency.

14 This is because few, if any, individual states have all the

15 resources they may need in all types of emergencies or

1 6 the capability of delivering resources to areas where emer-

1 7 gencies exist.

18 "The prompt, full, and effective utilization of re-

19 sources of the participating states, including any resources

20 on hand or available from the federal government or any

21 other source, that are essential to the safety, care, and

22 welfare of the people in the event of any emergency or

23 disaster declared by a party state, shall be the underlying

24 principle on which all articles of this compact shall be nn-

25 derstood.



4

1 "On behalf of the Governor of each state participat-

2 ing in the compact, the legally designated state official

3 who is assigned responsibility for emergency management

4 will be responsible for formulation of the appropriate

5 interstate mutual aid plans and procedures necessary to

6 implement this compact.

7 "ARTICLE III.

8 "PARTY STATE RESPONSIBILITIES.

9 "A. It shall be the responsibility of each party state

10 to formulate procedural plans and programs for interstate

1 1 cooperation in the performance of the responsibilities list-

12 ed in this article. In formulating such plans, and in carry-

13 ing them out, the party states, insofar as practical, shall:

14 "1. Review individual state hazards analyses

15 and, to the extent reasonably possible, determine all

16 those potential emergencies the party states might

17 jointly suffer, whether due to natural disaster, tech-

18 nological hazard, man-made disaster, emergency as-

19 pects of resources shortages, civil disorders, insur-

20 gency, or enemy attack;

21 "2. Review party states' individual emergency

22 plans and develop a plan which will determine the

23 mechanism for the interstate management and pro-

24 vision of assistance concerning any potential emer-

25 gency;



5

1 "3. Develop interstate procedures to fill any

2 identified gaps and to resolve any identified incon-

3 sistencies or overlaps in existing or developed plans;

4 "4. Assist in warning communities adjacent to

5 or crossing the state boundaries;

6 "5. Protect and assure uninterrupted delivery

7 of services, medicines, water, food, energy and fuel,

8 search and rescue, and critical lifeline equipment,

9 services, and resources, both human and material;

10 "6. Inventory and set procedures for the inter-

11 state loan and delivery of human and material re-

12 sources, together with procedures for reimbursement

13 or forgiveness; and

14 "7. Provide, to the extent authorized by law, for

15 temporary suspension of any statutes or ordinances

16 that restrict the implementation of the above respon-

1 7 sibilities.

18 "B. The authorized representative of a party state

19 may request assistance to another party state by contact-

20 ing the authorized representative of that state. The provi-

21 sions of this compact shall only apply to requests for as-

22 sistance made by and to authorized representatives. Re-

23 quests may be verbal or in writing. If verbal, the request

24 shall be confirmed in writing within thirty days of the



6

1 verbal request. Requests shall provide the following infor-

2 mation:

3 "1. A description of the emergency service fune-

4 tion for which assistance is needed, including, but

5 not limited to, fire services, law enforcement, emer-

6 gency medical, transportation, communications, pub-

7 lie works and engineering, building, inspection, plan-

8 ning and information assistance, mass care, resource

9 support, health and medical services, and search and

10 rescue;

11 "2. The amount and type of personnel, equip-

12 ment, materials and supplies needed, and a reason-

13 able estimate of the length of time they will be need-

14 ed; and

15 "3. The specific place and time for staging of

16 the assisting party's response and a point of contact

17 at that location.

18 "C. There shall be frequent consultation between

19 state officials who have assigned emergency management

20 responsibilities and other appropriate representatives of

21 the party states with affected jurisdictions and the United

22 States Government, with free exchange of information,

23 plans, and resource records relating to emergency capabili-

24 ties.



8

7

1 "ARTICLE IV.

2 "limitations.

3 "Any party state requested to render mutual aid or

4 conduct exercises and training for mutual aid shall take

5 such action as is necessary to provide and make available

6 the resources covered by this compact in accordance with

7 the terms hereof; provided that it is understood that the

8 state rendering aid may withhold resources to the extent

9 necessary to provide reasonable protection for such state.

10 "Each party state shall afford to the emergency

1 1 forces of any party state, while operating within its state

12 limits under the terms and conditions of this compact, the

13 same powers, except that of arrest unless specifically au-

14 thorized by the receiving state, duties, rights, and privi-

1 5 leges as are afforded forces of the state in which they are

16 performing emergency services. Emergency forces will con-

17 tinue under the command and control of their regular

18 leaders, but the organizational units will come under the

19 operational control of the emergency services authorities

20 of the state receiving assistance. These conditions may be

21 activated, as needed, only subsequent to a declaration of

22 a state emergency or disaster by the governor of the party

23 state that is to receive assistance or upon commencement

24 of exercises or training for mutual aid and shall continue

25 so long as the exercises or training for mutual aid are in



9

8

1 progress, the state of emergency or disaster remains in

2 effect, or loaned resources remain in the receiving state,

3 whichever is longer.

4 "ARTICLE V.

5 "LICENSES AND PERMITS.

6 "Whenever any person holds a license, certificate, or

7 other permit issued by any state party to the compact evi-

8 dencing the meeting of qualifications for professional, me-

9 chanical, or other skills, and when such assistance is re-

10 quested by the receiving party state, such person shall be

11 deemed licensed, certified, or permitted by the state re-

12 questing assistance to render aid involving such skill to

13 meet a declared emergency or disaster, subject to such

14 limitations and conditions as the Governor of the request-

15 ing state may prescribe by executive order or otherwise.

16 "ARTICLE VI.

17 "LIABILITY.

18 "Officers or employees of a party state rendering aid

19 in another state pursuant to this compact shall be consid-

20 ered agents of the requesting state for tort liability and

21 immunity purposes. No party state or its officers or em-

22 ployees rendering aid in another state pursuant to this

23 compact shall be liable on account of any act or omission

24 in good faith on the part of such forces while so engaged

25 or on account of the maintenance or use of any equipment



10

9

1 or supplies in connection therewith. Good faitli in this arti-

2 cle shall not include willful misconduct, gross negligence,

3 or recklessness.

4 "ARTICLE VII.

5 "SUPPLEMENTARY AGREEMENTS.

6 "Inasmuch as it is probable that the pattern and de-

7 tail of the machinery for mutual aid among two or more

8 states may differ from that among the states that are

9 party hereto, this compact contains elements of a broad

10 base common to all states, and nothing herein shall pre-

11 elude any state entering into supplementary agreements

12 with another state or affect any other agreements already

13 in force between states. Supplementary agreements may

14 comprehend, but shall not be limited to, provisions for

15 evacuation and reception of injured and other persons and

16 the exchange of medical, fire, police, public utility, recon-

17 naissance, welfare, transportation and communications

1 8 personnel, and equipment and supplies.

19 "ARTICLE VIII.

20 "COMPENSATION.

21 "Each party state shall provide for the payment of

22 compensation and death benefits to injured members of

23 the emergency forces of that state and representatives of

24 deceased members of such forces in case such members

25 sustain injuries or are killed while rendering aid pursuant



11

10

1 to this compact, in the same manner and on the same

2 terms as if the injury or death were sustained within their

3 own state.

4 "ARTICLE IX.

5 "REIMBURSEMENT.

6 "Any party state rendering aid in another state pur-

7 suant to this compact shall be reimbursed by the party

8 state receiving such aid for any loss or damage to or ex-

9 pense incurred in the operation of any equipment and the

10 provision of any service in answering a request for aid and

11 for the costs incurred in connection with such requests;

12 provided, that any aiding party state may assume in whole

13 or in part such loss, damage, expense, or other cost, or

14 may loan such equipment or donate such services to the

15 receiving part}' state without charge or cost; and provided

16 further, that any two or more party states may enter into

17 supplementary agreements establishing a different alloca-

18 tion of costs among those states. Article VIII expenses

19 shall not be reimbursable under this article.

20 "ARTICLE X.

21 "EVACUATION.

22 "Plans for the orderly evacuation and interstate re-

23 ception of portions of the civilian population as the result

24 of any emergency or disaster of sufficient proportions to

25 so warrant, shall be worked out and maintained between



12

11

1 the party states and the emergency management/services

2 directors of the various jurisdictions where any type of in-

3 cident requiring evacuations might occur. Such plans shall

4 be put into effect by request of the state from which evacu-

5 ees come and shall include the manner of transporting

6 such evacuees, the number of evacuees to be received in

7 different areas, the manner in which food, clothing, hous-

8 ing, and medical care will be provided, the registration of

9 the evacuees, the providing of facilities for the notification

10 of relatives or friends, and the forwarding of such evacuees

1 1 to other areas or the bringing in of additional materials,

12 supplies, and all other relevant factors. Such plans shall

13 provide that the party state receiving evacuees and the

14 party state from which the evacuees come shall mutually

15 agree as to reimbursement of out-of-pocket expenses in-

16 curred in receiving and caring for such evacuees, for ex-

17 penditures for transportation, food, clothing, medicines,

18 and medical care, and like items. Such expenditures shall

19 be reimbursed as agreed by the party state from which

20 the evacuees come. After the termination of the emergency

21 or disaster, the party state from which the evacuees come

22 shall assume the responsibility for the ultimate support

23 of repatriation of such evacuees.



13



12

1 "ARTICLE XI.

2 "IMPLEMENTATION.

3 "A. This compact shall become effective immediately

4 upon its enactment into law by any two states. Thereafter,

5 this compact shall become effective as to any other state

6 upon enactment by such state.

7 "B. Any party state may withdraw from this compact

8 by enacting a statute repealing the same, but no such

9 withdrawal shall take effect until thirty days after the

10 Governor of the withdrawing state has given notice in

1 1 writing of such withdrawal to the Governors of all other

12 party states. Such action shall not relieve the withdrawing

13 state from obligations assumed hereunder prior to the ef-

1 4 fective date of withdrawal.

15 "C. Duly authenticated copies of this compact and

16 of such supplementary agreements as may be entered into

17 shall, at the time of their approval, be deposited with each

18 of the party states and with the Federal Emergency Man-

19 agement Agency and other appropriate agencies of the

20 United States Government.

21 "ARTICLE XII.

22 "validity.

23 "This compact shall be construed to effectuate the

24 purposes stilted in Article I. If any provision of this com-

25 pact is declared unconstitutional, or the applicability



14



13

1 thereof to any person or circumstances is held invalid, the

2 constitutionality of the remainder of this compact and the

3 applicability thereof to other persons and circumstances

4 shall not be affected.

5 "ARTICLE XIII.

6 "additional provisions.

7 "Nothing in this compact shall authorize or permit

8 the use of military force by the National Guard of a state

9 at any place outside that state in any emergency for which

10 the President is authorized by law to call into federal serv-

11 ice the militia, or for any purpose for which the use of

12 the Army or the Air Force would in the absence of express

13 statutory authorization be prohibited under § 1385 of

14 Title 18 of the United States Code.".

1 5 SEC. 2. RIGHT TO ALTER, AMEND, OR REPEAL.

16 The right to alter, amend, or repeal this joint resolu-

17 tion is hereby expressly reserved. The consent granted by

1 8 this joint resolution shall —

19 (1) not be construed as impairing or in any

20 manner affecting any right or jurisdiction of the

21 United States in and over the subject of the com-

22 pact;

23 (2) not be construed as consent to the National

24 Guard Mutual Assistance Compact;



15



14

1 (3) be construed as understanding that the first

2 paragraph of Article II of the compact provides that

3 emergencies will require procedures to provide imme-

4 diate access to existing resources to make a prompt

5 and effective response;

6 (4) not be construed as providing authority in

7 Article HI A.7. that does not otherwise exist for the

8 suspension of statutes or ordinances;

9 (5) be construed as understanding that Article

10 III C. does not impose any affirmative obligation to

11 exchange information, plans, and resource records

12 on the United States or any party which has not en-

13 tered into the compact; and

14 (6) be construed as understanding that Article

15 XIII does not affect the authority of the President

16 over the National Guard provided by article I of the

17 Constitution and title 10 of the United States Code.

1 8 SEC. 3. CONSTRUCTION AND SEVERABILITY.

19 It is intended that the provisions of this compact shall


1 3 4 5 6 7 8 9 10 11 12 13 14

Online LibraryUnited States. Congress. House. Committee on the JLegislation concerning compacts : hearing before the Subcommittee on Commercial and Administrative Law of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, second session, on H.J. Res. 189, H.J. Res. 193, and H.J. Res. 194, September 18, 1996 → online text (page 1 of 14)