Emergency Management Higher Education Conference June 7, 2006

1. Emergency Management Higher Education Conference June 7, 2006 Leon Shaifer, EMAC Senior Advisor

2. Lecture Topics • What is EMAC / Vision / Mission ? • History • Membership / Key Players / Responsibilities • What EMAC Does/Doesn’t Do • Notable Deployments • Purpose / Applications • Articles of Agreement • Governance Structure • Activating the EMAC System • EMAC / DHS / FEMA Interface • Why EMAC is Successful

3. What is EMAC? The Emergency Management Assistance Compact (EMAC), is a national interstate mutual aid compact, legislated into law by each member state Legislature and Governor and ratified into law by the U. S. Congress (PL 104-321)

4. EMAC Vision & Mission Vision The cornerstone of national mutual aid Mission Facilitate the efficient and effective sharing of resources between member states during times of emergencies or disasters affecting a member state.

5. EMAC HISTORY • 1992 – Hurricane Andrew slams Florida • Southern Governors Association (SGA) begins development of mutual aid compact • 1993 – 17 Governors sign the Southern Region Emergency Management Assistance Compact (SREMAC) • 1994 - SGA States develops SREMAC Operations Guide & SOPs • SAGO’s complete Compact legal language • 1995 – SGA expands SREMAC to EMAC • EMAC activated for the first time during Hurricane Opal

6. EMAC HISTORY • 1996 – NGA / FEMA Endorse EMAC – Congress passes Public Law 104-321 establishing the first national compact since the Civil Defense Act of 1950 • 1997 – NEMA agrees to administer EMAC

7. Who are the members of EMAC? 50 states, the District of Columbia, Puerto Rico and the U.S. Virgin Islands have enacted EMAC legislation. As of May 2006

8. Key Players • The Authorized Representative • State official authorized to execute EMAC documents & obligate member state resources and funds • State EM director or his/her appointee holds this position • The Designated Representative • Primary POC for EMAC operations requests • Develops internal EMAC activation procedures • Recruits & trains EMAC A-Team personnel

9. Member State Responsibilities • Designate EM officials to implement EMAC-Keep current procedures • Educate EMA, State Agency, and Local Government Personnel on the EMAC Process • Develop & maintain an organization profile summary on the EMAC Operations Manual & EMAC Web site. • Train Personnel on EMAC A-Team Operations • Maintain Procedures for EMAC Activation • Develop and Maintain Procedures for Requesting and Providing Assistance

10. Member State Responsibilities • Identify workstations for Assisting State A-Team • Be prepared to deploy A-Teams within 12 to 24-hours notice. • Evaluate Procedures Through Exercise & Actual Deployment

11. EMAC does: Maximize the use of available resources Coordinate resource deployments with the NRP structure and resources Expedite and streamlines delivery of assistance between member states Protect state sovereignty Provide management and oversight for interstate aid EMAC does NOT: Replace federal support Alter a state’s operational direction and control Endorse or support self deployment or self-dispatch Broker resources from municipality to municipality- – Resources move on a state-to-state basis. – Use of Non-state resources executed by the State EMA. What does EMAC do?

12. Notable EMAC deployments • 1995-Hurricane Opal / First official EMAC deployment to FL • 1996-Hurricane Fran • 1997-Mississippi River Flooding in Mid-Western States • 1998- Hurricane Georges • 1998- Wildfires in Florida • 1999-Hurricane Floyd • 2000-Y2K & Wildfires in Montana & Florida • 2001-Terrorists Attack on World Trade Center in NYC • 2002-Kentucky Tornado / Columbia Space Shuttle & Hurricanes Isidore and Lili • 2003-Rhode Island Club Fire & Hurricane Isabel • 2004-Hurricanes Charley, Frances, Ivan, Jeanne • 2005-Hurricanes Dennis, Katrina, Rita, Wilma • 2006- ????

13. Largest Deployment 2005 Response to Hurricanes Katrina and Rita • 65,714 Personnel Deployed • 19,353 Civilian Personnel • 46,361 National Guard • $827.7 M Estimated Cost* *Notes: Still have pending missions awaiting signatures – have 30 days from verbal agreement to signature Costs and Personnel Numbers are Finalized in Reimbursement

14. EMAC Applications • Hazard mitigation • Community outreach • Search and rescue • Debris clearance • Information & planning • Public Health • Hazardous materials • Human services/mass care • Animal control • Information/planning • Terrorist events • State/Local EOC Support • Damage assessment • Disaster recovery • Logistics • Donations management • Security • Communications • Fire fighting • Aviation support • Biological/chemical events • Medical personnel/resources any capability of member states can be shared with member states

15. A Discussion on Compact Articles and Legal Authorities

16. Article I “Purposes & Authorities” • A Governor’s State of Emergency Proclamation must be officially declared for a member state to activate EMAC Articles and request assistance. • Based on “all-hazards” approach and includes exercises and training. • Authorizes use of NG assets in accordance with NGMAC or EMAC.

17. Article II“General Implementation” • Member States recognize intergovernmental coordination is essential and prompt & effective utilization of member state/federal government resources is basic to this compact. • On behalf of Governor of each Member State, the State Emergency Management officials are responsible for the formulation of plans and procedures for implementing this compact.

18. Article III“Party State Responsibilities” • Provide for temporary suspension of any statute or ordinance that restricts responsibilities. • A valid request for help must occur between the EMAC states Authorized Representative(s) appointed by the Governor. • Requests may be written or verbal, but if verbal-an official EMAC request shall be confirmed in writing (REQ- A) within 30 days of the verbal request.

19. Article IV“Limitations” • An EMAC state shall make every effort to assist but may withhold any and all resources in order to provide reasonable protection of its own state. • Party states shall provide the same powers (other than arrest unless authorized by requesting state), duties, rights & privileges as afforded forces of the state in which they are performing emergency help. • Assisting party forces come under operational control of requesting state but remains under command & control of assisting state leadership.

20. Article V“Licenses and Permits” • Establishes reciprocity of licenses, certificates, or permits issued by any party state to qualified personnel providing assistance to another party state for the duration of the declared emergency or disaster; subject to any limitations set forth by Executive Order of the Governor of the requesting state.

21. Article VI“Liability” • Any assisting state employee is considered an agent of any Requesting state for purposes of tort liability and immunity purposes. • No assisting state employee shall be liable on any account of any act or omission in goodfaith while providing assistance to a party state. • Good Faith shall not include willful misconduct, gross negligence, or recklessness.

22. Article VII“Supplementary Agreements” • EMAC does not prohibit party states from entering into supplemental agreements with another state or affect any agreement already in force between states.

23. Article VIII“Compensation” • The State providing EMAC assistance is responsible for worker’s compensation and death benefits when the death or injuries occur to their personnel deployed to another EMAC state. • Compensation will be in the same manner and on the same terms as if the injury or death occurred within the home state from which personnel were deployed.

24. Article IX“Reimbursement” • Any state rendering aid will be reimbursed by the state receiving aid for any loss or damage, or expense incurred by the state providing assistance. • However, the State providing assistance can opt to waive all or a portion of the cost. • Article VIII expenses (Worker’s Comp) are not allowable under this provision.

25. Article X“Evacuation” • EMAC States with a need to evacuate portions of the civilian population to another state as a result of catastrophic disaster, shall develop plans with contiguous state(s). • The plans will address orderly evacuation and interstate reception, to include all applicable costs to the host state. • Repatriation is the ultimate responsibility of the evacuee’s “home” state.

26. Article XIII“Additional Provisions” • EMAC does not authorize or permit the use of military force by the National Guard of a state outside that state.

27. EMAC GOVERNANCE STRUCTURE

28. EMAC Governance Structure National Emergency Management Association (NEMA) NEMA EMAC Committee EMAC Multi-Discipline Advisory Group ADMINISTRATION Chair EMAC Executive Task Force NEMA STAFF EMAC Coordinator & Senior Advisor Legal Counsel Committee Chair RESPONSE OPERATIONS National Coordination Group NCG Support Teams Chair-Elect EMAC Executive Task Force Immediate Past-Chair EMAC Executive Task Force Advance Teams (A-Teams) At-Large Members (3) National Coordinating Team Regional Coordinating Team(s) Lead State Representatives (10)

29. National Coordination Group • The NCG is the operational arm of EMAC • Activates EMAC Operations on Short Notice • Provides Oversight of EMAC Disaster Response Operations • Collateral Responsibility of the Chair of the Executive Task Force

30. National Coordinating Team • FEMA Requests, Deploys at the Discretion of EMAC Chair and NEMA • Integrated with Emergency Support Functions in FEMA National Response Coordination Center (NRCC) • Does not acquire resources unless directed by NCG • Interfaces with Regional Coordinating Teams, A-Teams, National Coordination Group, and NEMA • Prepares National Sit Rep of All EMAC Activities • Typically Includes a National Guard Bureau Liaison • Reimbursed by FEMA

31. Regional Coordinating Team • FEMA Requests, Deploys at the Discretion of ETF Chair and NEMA • Operates from FEMA Regional Response Coordination Center (RRCC) • Interfaces with National Coordinating Team and A-Teams in impacted States in the region • Does not acquire resources unless directed by the NCG • Compiles Information & Prepares SITREPS on EMAC Activities in Region • Reimbursed by FEMA

32. The EMAC A-Team • EMAC boots on the ground • Deploys at Request of Affected State • Operates from Affected State’s EOC or other Command and Control location • Coordinates resource requests on behalf of the Affected State • Serves as Liaison Between Affected State and other EMAC member States

33. EMAC Operational Framework Operation Levels Disaster Operation Components Functions Level 1 Control Function Level 3 Level 2 National Coordinating Group (NCG) Located in the state of the EMAC OPSUBCOM Chair EMAC A-Team Co-located with State/Federal Personnel In the appropriate requesting state EOC Action Function National Coordinating Team (NCT) Co-located with FEMA at the NRCC DHS/FEMA HQ, Washington, D.C. Coordination Functions Regional Coordinating Team (RCT) Co-Located with Federal ESF’s at the DHS/FEMA Regional RC Center(s)

34. ACTIVATING EMAC

35. The EMAC Process • Governor issues state of emergency. • Authorized Representative alerts EMAC National Coordination Group (NCG). • Affected State uses in-house EMAC A-Team personnel or requests A-Team deployment. 1 4 2 3 • Duration • Daily costs • ICS POC • Mission • Staging • Sustainment 7 5 8 6 9 8. Assisting state completes mission & requests reimbursement from Requesting State. 9. Requesting state reimburses Assisting States.

36. EMAC / DHS INTERFACE

37. EMAC & Federal Policy • Note FEMA Policy Mutual-Aid for Public Assistance (R&R 9523.6) • Pre-disaster mutual aid must be in place • Must be between distinct government entities-not single jurisdictional departments • Eligible for FEMA Public Assistance • ‣Grant Management Work (OMB-A-87) • ‣Emergency Work (Section 403) • No permanent work is eligible • Backfill costs for deployed personnel is not eligible

38. EMAC & Federal Policy • EMAC reimbursement from a Requesting State to an Assisting State isNOTcontingent on the declaration of a Major Disaster or the prospect of FEMA disaster assistance!

39. Why is EMAC Successful?

40. EMAC Effectiveness… • Administrative Oversight and Support Staff • Formal Business Protocols • Solves Problems Upfront – Provisions in Compact Language • Continuity of Operations, Operations Manual & SOPs • Continual Improvement – 5 year Strategic Plan • Critiques/Training/Exercises/Meetings • Customized Technology Development • Active/Committed State Membership

41. National EMAC Senior Advisor Tel: 601-992-3509 ls155@bellsouth.net More Information on www.emacweb.org