Commonwealth of the Northern Mariana Islands Emergency Management and Homeland Security Statutory Authorities Summarized

Order Code RS21806

April 2, 2004

CRS Report for Congress

Received through the CRS Web

Commonwealth of the Northern Mariana

Islands Emergency Management and

Homeland Security Statutory Authorities

Summaries

Keith Bea

Specialist in American National Government

Government and Finance Division

L. Cheryl Runyon and Kae Warnock

Consultants

Government and Finance Division

Summary

Key emergency management and homeland security statutes include the

Commonwealth Disaster Relief Act and the Commonwealth Disaster Price Freeze Act.

Continuity of government operations provisions provide for filling vacancies in the

positions of governor and lieutenant governor. A statute provides for studies to reduce

the impact of future disasters.

This report is one of a series that profiles the emergency management and

homeland security statutory authorities of the 50 states, the District of Columbia, the

Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico,

and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each

profile identifies the more significant elements of state statutes, generally as codified.

Congressional readers may wish to conduct further searches for related provisions using

the Internet link presented in the last section of this report. The National Conference of

State Legislatures provided primary research assistance in the development of these

profiles under contract to the Congressional Research Service (CRS). Summary

information on all of the profiles is presented in CRS Report RL32287. This report will

be updated as developments warrant.

Congressional Research Service ˜ The Library of Congress

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Entities with Key Responsibilities

Governor: The governor may issue executive orders and regulations and amend or

rescind them, and has charge of all forces and personnel during a “disaster emergency,”

but can assign command authority. During an emergency the governor may suspend

statutes, use all available resources, transfer department personnel and functions to assist

with emergency services, use private property (with compensation), direct evacuation and

provide routes, mode of transportation and destination, control ingress and egress, limit

sale of alcohol, firearms, explosives, combustibles, and provide temporary housing.

(N.M.I. Comm. Code tit. 3 §5121).

Adjutant General: The adjutant general serves as executive head of the militia, and

may serve as the executive head of any agency or department that the governor deems

appropriate, consistent with duties and responsibilities of adjutant general. The adjutant

general supervises all forces making up the military component of the commonwealth and

is responsible for training and recruiting and the distribution of troops and supplies. He

is also authorized to confer powers of police officers (arrest powers) on national guard

members serving as security guards and conducts and annual inventory of all military

stores, property and funds (P.L. 13-32, 2002).

Disaster Control Office: This office, within the Department of Public Safety, is

supervised by the disaster control officer who participates in the development and revision

of local disaster plans. The head of the office seeks the advice of local government,

business, industry, agriculture, volunteer organizations and community leaders in

developing local disaster plans. He or she also is authorized to: determine the need for

clothing, food and shelter; pre-position supplies; promulgate standards for local disaster

plans; review plans; provide mobile support units; establish and operate training and

public information programs; survey industries, resources, facilities to carry out plan;

plan to use private facilities and services and provide payment for their use; establish

registries of persons with training and skills and mobile and construction equipment and

temporary housing; prepare orders for the governor; and, cooperate with the U.S.

government (N.M.I. Comm. Code tit. 1 §§2521, 2524, 2525, 2527).

Disaster control officer: The disaster control officer coordinates activities with the

director of public safety; prepares and maintains a disaster plan for the prevention and

minimization of injury and damage to provide prompt response to disaster and emergency

relief; identifies areas most vulnerable to disaster; provides recommendations for zoning,

building codes, land use controls and safety measures to mitigate disasters; provides

assistance to local officials to design local plans; erects temporary works; prepares and

distributes catalogs of assistance programs; organizes manpower and the chain of

command; coordinates with federal and local disaster activities, and coordinates the

commonwealth plan with federal disaster plans (N.M.I. Comm. Code tit. 1 §§2522, 2523).

Office of Military Liaison and Veteran Affairs: The executive officer administers the

office and has authority over all military and veterans’ affairs of the U.S. armed forces in

matters not within the exclusive jurisdiction of the U.S. government. The duties of the

office include encouraging the use of the commonwealth, especially the Northern Islands,

as training grounds, and acting as liaison with U.S. armed forces on matters relating to the

use of the commonwealth’s land, sea and airspace for military purposes (P.L. 13-34,

2002).

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Office of Civil Defense: The Office is led by the civil defense coordinator who

prepares civil defense and emergency plans; procures radiological equipment, materials

and facilities for civil defense; delegates authority to mayors; provides means of

communications; and, provides financial assistance and temporary relief of civilians

injured by civil defense emergency. The coordinator submits an annual report to the

governor, the president of the senate, and the speaker of the house of representatives

(N.M.I. Comm. Code tit. 3 §5201, 5202, 5208).

Departments: Commonwealth departments must cooperate with the coordinator of

civil defense (N.M.I. Comm. Code tit. 3 §5203).

Mayors: Local mayors must prepare and keep disaster emergency plans current and

serve as principal local officials to coordinate activities with the disaster control office to

mobilize resources and meet emergency conditions (N.M.I. Comm. Code tit. 3 §5122,

5123 (c)).

Preparedness

The Commonwealth disaster plan is incorporated into regulations. (N.M.I. Comm.

Code tit. 1 §2526).

The governor determines which political subdivisions need disaster agencies of their

own and requires establishment and maintenance in those jurisdictions. The governor’s

determination is based on localities’ vulnerability to disasters and capability to respond.

Mayors may establish joint agencies with contiguous political subdivisions, and must both

notify disaster control office of how political subdivisions are providing disaster planning

and emergency services, and identify agency heads (N.M.I. Comm. Code tit. 3 §5122).

The disaster control office is responsible for developing communications system for

emergencies (N.M.I. Comm. Code tit. 3 §5133).

Declaration Procedures

The governor may declare a state of emergency in the case of invasion, civil

disturbance, natural disaster, or other calamity as provided by law, and may mobilize

available resources to respond to that emergency (N.M.I. Const. Art. III §10).

The governor is authorized to issue an executive order declaring that an emergency

has occurred or that occurrence or the threat is imminent. A declaration remains in force

for a maximum of 30 days unless renewed. The state of disaster emergency remains in

effect until the threat has passed or the danger has been addressed. A state of emergency

may be terminated by executive order, which must be filed with the commonwealth

disaster control office and attorney general’s office and disseminated to the general public

(N.M.I. Comm. Code tit. 3 §5121 (c)).

A local disaster emergency may be declared by the governor or mayor for a

maximum period of seven days. The order is given general publicity and filed with the

disaster control office and the attorney general’s office (N.M.I. Comm. Code tit. 3 §5123

(a)).

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Types of Assistance

The governor’s executive order activates disaster response and recovery aspects of

commonwealth, local and inter-jurisdictional disaster emergency plans, the deployment

and use of forces, and the distribution of supplies, equipment, materials and facilities

(N.M.I. Comm. Code tit. 3 §5121 (d)).

A local disaster emergency declaration activates response and recovery aspects of

local disaster emergency plans (N.M.I. Comm. Code tit. 3 §5123 (b)).

Mutual Aid

Mutual aid provisions related to emergency management or homeland security are

not specified in the statutes.

Funding

Funding provisions related to emergency management or homeland security are not

specified in the statutes.

Hazard Mitigation

The governor shall consider steps that could be taken to prevent or reduce the effects

of disasters. Agencies responsible for floodplain management, stream encroachment,

weather modification, fire prevention, air quality, public works, land use, and construction

standards must make disaster prevention studies. The governor must make

recommendations to the legislature, local governments, and public and private entities to

prevent or reduce the impacts of disasters. The Mariana Public Land Corporation

coordinates activities with the Disaster Control Office, keeps land use and structure

construction under study, and identifies areas susceptible to land shifting, subsidence, or

flood. If the Office believes an area is susceptible to disaster, changes are recommended

to the governor. The governor may request administrative or legislative changes to reduce

impact of disaster (N.M.I. Comm. Code tit. 3 §5131).

The Disaster Control Office monitors weather conditions and is authorized to direct

the agency that issues weather modification permits to suspend issuance. No permits may

be issued until the office determines the danger has passed (N.M.I. Comm. Code tit. 3

§5134).

Continuity of Government Operations

No continuity of government operations measures are specified, but the statute does

provide for a line of succession for the office of governor (N.M.I. Const. Art. III § 7).

Other

Compensation is provided for property taken during emergency pursuant to

compensation statutes. Applicants must file claims with the attorney general within one

year of the event unless negotiated previously. Losses are calculated at fair market value

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by three adjusters. (N.M.I. Comm. Code tit. 3 §5132) Compensation is provided for

property used by the Office of Civil Defense (N.M.I. Comm. Code tit. 3 §5207).

The statute provides an exemption from civil service for positions related to relief,

repair or rehabilitation resulting from disaster (N.M.I. Comm. Code tit. 1 §8131 (a) (3)).

The Commonwealth Disaster Price Freeze Act of 1996 provides that if the governor

declares a typhoon, tropical storm or state of emergency, the governor also may declare

a price freeze for a maximum period of five days, with one renewal authorized per

disaster. The price freeze applies to fuel, food, clothing, lighting, electrical equipment,

food-related appliances, home repair and construction tools, and bedding (N.M.I. tit. 4

§5141 et seq.).

The statute provides immunity from liability for civil defense workers (N.M.I.

Comm. Code tit. 3 §5206).

The Administrative Leave for Disaster Service Volunteers Act provides agency

employees who are Red Cross volunteers with administrative leave, up to a 15 day

maximum in a 12 month period, without loss of pay or seniority. Compensation is paid

at the regular rate of pay. Leave must be taken for a disaster within the Commonwealth.

Volunteers are not considered employees for the purposes of the Commonwealth Tort

Claims Act while on leave (N.M.I. Comm. Code tit. 1 §8261 et seq.).

The disaster office cannot interfere with the dissemination of news, the activities of

firefighters or the armed forces, or with a labor dispute (N.M.I. Comm. Code tit. 3 §5113).

Key Terms

Table 1. Key Emergency Management and Homeland Security

Terms Defined in CNMI Statutes, with Citations

Terms

Citations

Disaster

N.M.I. Comm. Code tit. 3, §5114 (a)

Emergency

N.M.I. Comm. Code tit. 3 §5114 (b)

Local disaster emergency

N.M.I. Comm. Code tit. 3 §5114 (d)

Major disaster

N.M.I. Comm. Code tit. 3 §5114 (c)

For Further Research

The citations to public laws noted above for the Commonwealth of the Northern

Mariana Islands may be searched at: [http://cnmilaw.org/]. The Commonwealth code is

available in CD format from the Law Review Commission for CNMI.